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To: malakhi
Re:
"it is precisely within the legislative branch's authority to legislate as they did."

It was after-the-fact and reversed a court's opinion; it is not
Constitutional and will be stricken.

You are wrong.

Good night all.

113 posted on 11/04/2003 7:38:40 PM PST by Deep_6
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To: Deep_6
It was after-the-fact and reversed a court's opinion; it is not Constitutional and will be stricken.

There is a long history, going back over 200 years, of legislators deciding to effectively reverse court decisions by passing laws so as to undermine them. That a law undoes a court decision is hardly a basis for declaring it unconstitutional; indeed, the ability for the legislature and executive to join together to override the judiciary is one of the essential checks and balances in the republic.

116 posted on 11/04/2003 7:44:02 PM PST by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: Deep_6
It was after-the-fact

The constitutional prohibition against ex post facto laws only applies to criminal law (Calder v. Bull). So this objection does not apply.

and reversed a court's opinion

No it didn't. Rather, it offered a new avenue of action.

124 posted on 11/04/2003 8:01:20 PM PST by malakhi (Thy word is a lamp unto my feet, and a light unto my path.)
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