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Confederate Flag License Plate Battle Reaches Supreme Court
chronicle bulletin ^ | 22 Mar 2015 | unknown

Posted on 03/22/2015 8:11:04 AM PDT by DUMBGRUNT

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To: OneWingedShark
Ok, let us assume that the 14th Amendment is in play — how does applying text which explicitly cites a specific entity ("congress") to the states make the state's legislature and executive bound? This is to say, by what method is the amendment itself amended to say something other than what it does? — Are we to assume that this magic method of alteration-then-applying is in any way compatible with a written Constitution?

Gitlow v New York (268 US 652):

"For present purposes we may and do assume that freedom of speech and of the press -- which are protected by the First Amendment from abridgment by Congress -- are among the fundamental personal rights and "liberties" protected by the due process clause of the Fourteenth Amendment from impairment by the States."

But you say this is a state matter, so let's look at the Texas Constitution. Article I, Section 3: "All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services."

So why are SCV being denied a privilege that literally hundreds of other organizations enjoy? Texas has hundreds of specialty plates. The process for qualifying for them is pretty clear. So why did the DMV deny this group the privilege that it freely grants others in a way that does not violate the state's constitution?

41 posted on 03/22/2015 2:04:22 PM PDT by DoodleDawg
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To: Sacajaweau

My wife and I go up to a really nice furniture store that is out in the middle of no where, in a small town, near the town of Fort Payne, Alabama, home of the country singing group “Alabama”. Near this furniture store, we pass this guy’s house that makes you think it is Robert E. Lee’s Headquarters. There must be 50 confederate flags on poles in this guy’s yard. I keep looking for J.E.B. Stuart or Stonewall Jackson to be marching by.


42 posted on 03/22/2015 2:08:06 PM PDT by RetiredArmy (MARANATHA, MARANATHA, Come quickly LORD Jesus!!! Father send thy Son!! Its Time!)
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To: DUMBGRUNT

The black congressional caucus are a bunch of bigots. My truck with the CSA flag is it represents treason and separatism. I wouldn’t have wanted to live or ever live in a divided and Balkanized America. Since 1865 to the present day we have fought and won wars for our freedom and others under The Stars and Stripes, not The Stars and Bars. Our young men and women are serving today under Old Glory and no other flag.


43 posted on 03/22/2015 2:22:37 PM PDT by jmacusa (Liberalism defined: When mom and dad go away for the weekend and the kids are in charge.)
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To: SeeSharp; WildHighlander57; DoodleDawg
Your Honor! Please! The witnesses are making a mockery of these proceedings.

Clearly the prisoner is not making the plates according to his or her own whims. The state of Texas is obviously the party responsible for the design and distribution of the plates.

Therefore, if it please the court, counsel requests the witnesses be declared in contempt and immediately taken out and shod.

44 posted on 03/22/2015 2:23:41 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: Texas Eagle

New shoes?


45 posted on 03/22/2015 2:26:03 PM PDT by rockrr (Everything is different now...)
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To: rockrr

Heh, heh.


46 posted on 03/22/2015 2:27:52 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: Texas Eagle

“shod”? ;^}
Typo? ;^}


47 posted on 03/22/2015 2:32:13 PM PDT by GOYAKLA
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To: GOYAKLA

Sorry. The cowboy in me manifested itself.


48 posted on 03/22/2015 2:33:31 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: DUMBGRUNT
The reason the Dems want the flag banned is because it used to be Their Flag.
Dems were the party of Slavery. Why Repubs and Conservatives are
using it I'll never know.

Am I fully wrong?

49 posted on 03/22/2015 2:35:06 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: Texas Eagle
Therefore, if it please the court, counsel requests the witnesses be declared in contempt and immediately taken out and shod.

Thanks but I already have plenty of shoes. It's a girl think; you wouldn't understand.

50 posted on 03/22/2015 2:40:31 PM PDT by DoodleDawg
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To: DoodleDawg
"For present purposes we may and do assume that freedom of speech and of the press -- which are protected by the First Amendment from abridgment by Congress -- are among the fundamental personal rights and "liberties" protected by the due process clause of the Fourteenth Amendment from impairment by the States."

But that's just it — the constitution also protects the liberties of the people by separating powers: e.g. Art 1, Sec 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. — Where does the 14th Amendment give the judiciary legislative power?

But you say this is a state matter, so let's look at the Texas Constitution. Article I, Section 3: "All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services."

I agree we should look at the TX Constitution; but how would this impact this case?
Where is the issuance of a particular plate in that?

So why are SCV being denied a privilege that literally hundreds of other organizations enjoy? Texas has hundreds of specialty plates. The process for qualifying for them is pretty clear. So why did the DMV deny this group the privilege that it freely grants others in a way that does not violate the state's constitution?

Because States, like the federal government, do not value/follow/honor their State Constitution.

51 posted on 03/22/2015 2:57:24 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Texas Eagle

No, please don’t “shod” me; I said “its -both- the state and the individual”

(I think we have a new Freeperism, to join ‘stune’, ‘beeber’, etc)


52 posted on 03/22/2015 3:35:58 PM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: MaxMax
Why Repubs and Conservatives are using it I'll never know.

Perhaps they wish for a small bit of the valor displayed by "The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract".

53 posted on 03/22/2015 3:47:08 PM PDT by DUMBGRUNT (BINGO!)
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To: jmacusa
The Stars and Stripes, not The Stars and Bars.

Seems a bit odd that US military installations are named after officers of the C.S.A.? Fort Hood, Fort Bragg, Fort Gordon...

This Yankee believes that great numbers of Confederate Soldiers served valiantly; and should not be forgotten!

54 posted on 03/22/2015 4:16:49 PM PDT by DUMBGRUNT (BINGO!)
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To: DUMBGRUNT

The present Administration has never commemorated anything to do with the War of 1812 or the Civil War, except for a speech at Gettysburg by a National Park Service woman. Not even the Emancipation Proclamation was worthy of mention.

Gotta keep dem folk’ thinkin’ they still slaves.


55 posted on 03/22/2015 4:19:09 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: DUMBGRUNT

And theres just as many U.S. military forts named after Union generals too. The town I grew up in , Kearny , NJ was named after Union General Philip Kearny. Yes, it’s true that men will fight bravely for an evil cause but it doesn’t make their cause any more just.


56 posted on 03/22/2015 4:42:43 PM PDT by jmacusa (Liberalism defined: When mom and dad go away for the weekend and the kids are in charge.)
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To: combat_boots

Vote as told or the Bogeyman will get you!


57 posted on 03/22/2015 5:03:11 PM PDT by DUMBGRUNT (BINGO!)
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To: DUMBGRUNT

Let’s keep Ft. Jackson in the midst as well.


58 posted on 03/22/2015 5:04:24 PM PDT by eyedigress
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To: jmacusa

Has anyone pinpointed the motivation for the grunts of the C.S.A. ?

How would that detract from their skill and valor?

When a conscientious objector performs a valorous act, are they less worthy of recognition?


59 posted on 03/22/2015 5:20:49 PM PDT by DUMBGRUNT (BINGO!)
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To: eyedigress

And do not overlook Fort Lee!
General Robert E. Lee, a man of exceptional honor.


60 posted on 03/22/2015 5:26:05 PM PDT by DUMBGRUNT (BINGO!)
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