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To: BCrago66
As for the current Supreme Court case, if the court holds for the government, it will come close to a reversal of Lopez and Morrison.

The government's lawywers are arguing that there cannot be an "as applied challenge" to Commerce Clause legislation. IOW - they're arguing that there is no such thing as a misapplication of the Commerce Clause. If that argument prevails, it will not "come close" to a reversal of Lopez and Morrison, it will dictate it.

17 posted on 01/03/2005 10:22:36 AM PST by tacticalogic
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To: tacticalogic

Wow. I'm going to read the government's brief. Here's are the briefs, for anyone else interested who hasn't already read them.

http://www.abanet.org/publiced/preview/briefs/nov04.html#ashcroft


22 posted on 01/03/2005 10:36:47 AM PST by BCrago66
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To: tacticalogic
If you're not sure of something, tacticalogic, look it up. That's what I did.

"There’s a conflict between “facial” challenges and “as-applied” challenges that comes up in each case. The normal rule is that you start with an “as-applied” challenge. That means that there a particular person in court who says: “This law is unconstitutional as applied to me.” It could be a civil or criminal defendant."

73 posted on 01/04/2005 7:11:20 AM PST by robertpaulsen
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To: tacticalogic

bingo . . . don't expect the statists to understand this though.

drugs r bad . . . mmmkay!!!

that's all i know and that's all you need to know.


171 posted on 01/04/2005 11:33:06 AM PST by jayef
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