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To: butterdezillion
or believe that the Constitution has elements which can never be enforced (which opposes one of the foundational principles of Constitutional interpretation).

The Constitution has many elements which can't (or won't, the result is the same) be enforced by courts; their enforcement is left to elected branches. The Supreme Court discussed this in cases like Flast v. Cohen and United States v. Richardson (1974). I remember no more divisive issue in this country in my lifetime than the Vietnam War, but no court would ever consider any of the legal challenges to the war. Remember what Hamilton wrote in the Federalist about the judiciary being the "least dangerous branch."

312 posted on 02/03/2013 2:48:24 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Who has standing and authority to cause the enforcement of the 20th Amendment when a President elect (the certified winner of the electoral vote) has failed to qualify?

The judiciary can always define terms out of its jurisdiction. The Vietnam War, for instance, was not a war. We haven’t had a “war” since WWII. We’ve had “conflicts”, which is how they get out of the Constitutional requirement for Congress to declare war. To take on that issue the judiciary would have to define “war”, as distinct from a “conflict”. As long as the political powers are willing to let a “conflict” involve multiple other countries, etc there was no reason to even call WWII a war.

Right now, given the precedents that have been set, somebody who is not even the President (as per the Terry Lakin case) could issue lawful orders to blast all of Europe and Africa to Mars without even asking Congress about it. And as long as they were willing to say that it was just a “mere flesh wound” (a “conflict” and not a war) no judge in the country would have to even look at it.

We are literally lawless. Because we have given up the language and we’re given over to post-modernism where truth doesn’t really exist. We’re hopeless. This country is dead. Trying to make sense out of this lawless world is about like trying to sew clouds. There’s no integrity so everything’s just “flexible” - IOW, whoever is in power does whatever they want and unless we’re willing to shoot back he’ll get away with it. The only future for a society like ours is tyranny followed by annihilation. We’re no longer either worthy or capable of a free society.


313 posted on 02/03/2013 3:05:09 PM PST by butterdezillion
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