Posted on 03/31/2018 7:58:00 AM PDT by LouieFisk
The decision was flatly unconstitutional.
The 14th Amendment limited federal power to disallowing STATE SEGREGATION LAWS. The feds are not empowered to force state integration, abolish “discrimination”, or interfere at all with private personal choices regarding integration or segregation. It is thus invalid and should be rejected and nullified.
And even constitutional Court decisions are not national law. The Constitution reserves national legislation to Congress only.
A federal court MUST rule within the confines of the constitution and constitutionally valid federal law. In doing so, it would over time be creating a valid federal common law. But a valid Court decision does NOT make national law and if valid, is only binding on the parties of the case. It could be mandatory or persuasive case law for similar cases, but not as national legislation.
Right, it is not legislation but it is common law that is equally enforceable. This was expanded on a national level to an unconscionable degree by the concept of substantive due process.
Common law is not enforceable national law and unconstitutional federal court decisions are not valid or enforceable AT ALL. Valid legislation is done by the legislative body, not the courts.
Common law is case law which reaches only to other cases with the same questions of law and fact. Legislators may USE common law as the basis for its lawmaking, but common law does NOT take the place of state or national law.
When someone is arrested for a state violation, they’re not booked on violating the decision of State vs. Smith. They’re booked on a state statute.
Well, states used to be able criminalize abortion. People went to jail for performing them. Then comes the Roe decision which created the law that abortion is legal and can't be outlawed except under the most narrow circumstances (if that). You can call this just "interpreting the constitution" but the effect is the same - the relation of the citizen to the state and the rules under which the state operates is fundamentally changed - ie. the "law" has changed as a result of a purely judicial action.
That's what the Left wants you to believe and since enough believe it, it is acquiesced to. That is the major way the federal government has grown to be 80% unconstitutional. But national law is not validly nor constitutionally changed as a result of judicial action.
Roe v. Wade is not only flatly unconstitutional and, thus, invalid and voidable, but is effective ONLY on the parties of the case even if it were valid.
Look, in a perfect, idealized world I’m all with you but I have to live in and deal with the consequences imposed by the real world. And the way things work is that the Court imposes rules that have consequences (ie. laws) and despite your take on Roe (which is my take also) it is the law of the land and the way is was applied to the parties to the case became the rules with regard to the parties of any other case under identical or substantially similar facts. Like you, I don’t believe that’s the legal construct the constitution envisions but that’s the legal construct we live under today.
The only way America will ever be great again is if we recover our Constitution and the freedoms it protects. The Lying left has stolen these things away and its time to get them back. I don’t accept the loss of our freedoms or the Constitution that protects our freedoms with a fight.
How can we acquiesce to tyranny without a shot being fired. IMO that is shameful. As our Anglo-American and Judeo-Christian heritage demands, it is our DUTY to fight tyranny. We are in a culture war and this is the essence of this culture war. The Left is determined to win it. Are we as determined to win? We bettter be or we lose and our freedoms are GONE.
Your argument is about “what is.” But “what is” can change. The Left has changed “what is” since 1900 from America being a free constitutional republic to a socialist state. It’s time to recover our free constitutional republic. Trump is the first shot over the bow.
And you’ve been brainwashed if you think Roe v. Wade is constitutionally the law of the land. Read Article VI, Clause 2 of the Constitution. The ONLY Law of the Land is the Constitution and all legislation IN PURSUANCE of the Constitution. Roe v. Wade is not only unconstitutional it is not even legislation.
Common, get with it. The Nazis have taken over and won’t stop unless each of us does whatever he can to overturn our present tyranny. I hope you break out of your POW camp and join the fight.
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