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To: justshutupandtakeit
"Just because YOU (or I or Harvard Law School) have the OPINION that something is/isn't unconstitutional does not make it so. Only a ruling from the US Supreme Court can make it so even though I know that infuriates you to no end."

Sorry--- I just GOTTA get in here! EVERYONE has to interpret the constitution. The Supreme Court once ruled that black people could be constitutionally deprived of any and all civil rights. Did that decision make it right and proper?

You, I, Tpaine and every other citizen of this country has to be prepared to decide on the legality of any law congress or state legislators might pass. Rosa Parks decided that the law which pushed her to the back of the bus wasn't legal or proper, and she was right! She took a bit of flak for her actions but she won in the end. We will probably have to do something similar to get some of the unconstitutional gun laws repealed.

But it is we, not a group of pampered, carefully protected, over-aged lawyers who will make the ultimate decision.

662 posted on 11/20/2003 10:26:31 AM PST by oldfart ("All governments and all civilizations fall... eventually. Our government is not immune.)
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To: oldfart
Since the Constitution protected slavery the Dred Scott ruling was not unconstitutional. Its rightness or morality is not the issue. In order to protect ex-slaves and get rid of slavery the Constitution had to be changed as it was.

Rosa Parks was challenging a local law not a federal one. It was not changed by any federal action but by massive protests led by Dr. King.

EVERYONE can interprete the Constitution if they wish but those interpretations mean NOTHING legally. Most people have no basis for interpreting it anyway as it is far beyond understanding without close study. Constitutionality is not a matter of majority opinion.

Civil disobedience is always an option that Americans have to protest and even change LAWS they are not in accord with but that only goes so far. If I don't like the laws against pot and consider them unconstitution does that mean I should go and light up a joint at Police Headquarters and say to the arresting officer "Officer, I am protesting the unconstitutional drug laws?" Does not sound very smart to me.
666 posted on 11/20/2003 12:56:32 PM PST by justshutupandtakeit (America's Enemies foreign and domestic agree: Bush must be destroyed.)
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