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To: tahiti

Constitution? You're kidding, right? We don't obey any Constitution. Lip service, yes, obey, no way.


10 posted on 04/23/2005 8:41:35 AM PDT by thoughtomator (Need quote from supporter)
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To: thoughtomator
"We don't obey any Constitution. Lip service, yes, obey, no way."

Here is the good news.

U.S. Constitution, Article I, Section 10,

1. No state shall...pass any bill...law impairing the obligation of contracts,

Amendment V

Nor shall private property be taken for public use without just compensation.

Amendment IX

The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others (rights) retained by the people.

Amendment XIV

Section 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

The Illinois law also blatantly and almost contemptuously, violates the U.S. Constitution.

With that being said, consider the following:

U.S. Supreme Court

HAFER v. MELO, 502 U.S. 21 (1991) 502 U.S. 21

Monetary damages under (Federal Law) 42 U.S.C. 1983.

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . ."

Justice Sandra Day O’Connor:

We hold that state officials, sued in their individual capacities, are "persons" within the meaning of (Federal Law 42 U.S.C) 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the "official" nature of their acts.

The judgment of the Court of Appeals is

Affirmed.

14 posted on 04/23/2005 8:54:59 AM PDT by tahiti
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