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To: freeeee
For such a radical redesign of government to be legitimate, it would have to have been passed as a constitutional amendment. It was not. Mere legislation is inferior to constitutional directives. Once upon a time, conservatives knew that.

The Constitution says whatever the judges say it says today. It could say something else tomorrow. And unless you are the 9 supreme court justices what you say it says isn 't worth a warm pitcher of spit.

The Supreme court in Marbury Vs Madison said the constituion says what the justices say it says. And they can determine what it says in any old penumbra they care to look under.

The president of the United States can do anything the people will support including puting american citizens in concentration camps in WWII or suspending Habeas Corpus as Lincoln did in the civil war.

WE have not been a Constitutional Republic for 198 years. Not since Marbury Vs Madison. We are a Democracy overseen by Judical Fiat.

That power grab occured when the Democracy Advocates took over this Nation in 1800. It was a Contstitutional Republic in 1800 but it didn't last out the Jefferson(first Democrats) term. Democracy Advocates had the house, senate, Presidency and Supreme court in their control.

The Democracy Advocates (Democrats) converted us into the Democracy we have been ever since.

What part of a Democracy tempered by Judical Fiat don't you understand!


65 posted on 06/14/2002 11:36:51 AM PDT by Common Tator
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To: Common Tator
I understand what you're saying. In fact, I agree that's how it works. I hold no illusions that this is still a Republic.

However, this is where the Declaration of Independence kicks in. We may be in practice ruled by SCOUTUS, and other branches independent of the Constitution, but such rule is illegitimate.

All political power is held by the People and exercised through the Consent of the Governed. You can read the rest of the DoI, and get the picture.

78 posted on 06/14/2002 11:47:11 AM PDT by freeeee
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