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To: butterdezillion
Your proposal with only the AG presenting evidence and argument to the court for both sides is a definite conflict of interest. In addition it could be argued that the provision violates Article 3 of the US Constitution, although that could go either way. You must remember that the US legal system is an adversarial system and your proposal does violence to that concept. This statutory scheme will not be readily approved by any court, but rather is likely to be tossed out. But it will matter little because I can guarantee you that the DNC, RNC and DOJ will most likely be mixing it up with whatever state decides to tackle this issue, if one decides to take on the expense.

In addition, my guess is that all of those parties will rather litigate the issue in Federal Court, rather than in a state court in the state which passed the law. I believe a Federal Judge will oblige that request. But that is a forum shopping argument, rather than a constitutional argument.

There is no question in my mind that the 2 citizen-parent theory will be grounds for injunctive relief as outlined in my previous post. This will delay enforcement of the law 2-3 years minimum, if by some miracle it survives Constitutional muster, which is probably 1000 to 1.

I understand your frustrations in dealing with different governmental agencies, but the law cannot rectify and address every perceived wrong. More laws are the liberal solution to their perceived wrongs and don't believe we want to go down the same path. It is obvious from your comments that you have not had the pleasure dealing many legislators. With your proposal, 45% of the legislators will not take the time to read it in it's entirety, and another 45% wouldn't understand it. You may have a chance with the other 10%.

63 posted on 01/07/2011 8:23:59 PM PST by TNTNT
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To: TNTNT

I’m sorry, but all I can hear coming from your posts is “It’s hopeless. The big guns will never let justice prevail. Give up and die.”

Maybe I cannot win. But I will meet them in battle nonetheless. The big guns of King George were supposed to be unbeatable too.


65 posted on 01/07/2011 8:36:31 PM PST by butterdezillion
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To: TNTNT

Also, TNTNT, it seems like you didn’t absorb what I wrote. The AG simply transmits the arguments and evidence to the court. The candidate’s lawyer can present whatever arguments he wants, with it being transmitted in writing through the AG. Same thing with the AG himself and anybody who cares to write an amicus briefs. If anything this allows MORE abversarial views to be presented because it leaves out all the procedural jackassery.

But you’re probably right. Without the potential for jackassery and obfuscation, none of the dems, reps, or Department of Injustice will like it. It serves the interests of the little people and justice too much, and that would never do.

They will snuff it out just like they snuff out every breath of fresh air that finds the tombs they intend to bury us all in.


66 posted on 01/07/2011 8:41:23 PM PST by butterdezillion
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