“The state statute I linked to, however, is contrary to that Constitution... and so I _DO_ have a problem with that”
The problem, as I see it, arises from the fact that in every State there are laws, ordinances and edicts that directly conflict with both the U.S. and State Constitutions. People are arrested, fined or otherwise bullied every day of the week unjustly, and they have no recourse because the process of appeals is stacked in favor of the Government.
>>“The state statute I linked to, however, is contrary to that Constitution... and so I _DO_ have a problem with that”
>
>The problem, as I see it, arises from the fact that in every State there are laws, ordinances and edicts that directly conflict with both the U.S. and State Constitutions.
More restrictive laws, even those prohibited to the federal government by the Constitution, are NOT necessarily violations of the US Constitution. See:
Amendment IX.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
>People are arrested, fined or otherwise bullied every day of the week unjustly, and they have no recourse because the process of appeals is stacked in favor of the Government.
I quite agree. I think people SHOULD fight it... even if it is a “Doomed Cause.” I’m tempted, in fact, to open-carry on campus so that I CAN take legal action against the State. (Having the charge of misdemeanor by that law would, irrefutably, give me standing to challenge such.)
Interesting that you should bring up “bullying” as my state has a barratery statute:
http://www.conwaygreene.com/nmsu/lpext.dll/nmsa1978/9b0/efc5/f7bd/f7c9?f=templates&fn=document-frame.htm&2.0