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To: El Gato
The Constitution says what it says, and means what it meant when passed, or when amended as applicable

And it gives authority to our elected officials to write laws and it gives authority to the SC to override them if it thinks they are unconstitutional. That is what the document says. Do you wish to ignore all the parts except for the BOR ?

1,755 posted on 12/11/2003 5:56:05 AM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: VRWC_minion
And it gives authority to our elected officials to write laws and it gives authority to the SC to override them if it thinks they are unconstitutional. That is what the document says. Do you wish to ignore all the parts except for the BOR ?

I don't ignore any parts, but the Bill of Rights are amendments to the basic document, if there is a conflict, the amendment overrides. The preamble to the Bill of Rights, makes it quite clear that they are "further declaratory and restrictive clauses." enacted to "prevent abue of its powers". (both are quotes from the preamble though I've reversed the order)

Congress, and hence the federal government, is not allowed to exercise the powers granted to them in such a way as to violate the rights protected by the amendments. Thus they cannot "regulate" interstate commerce in such a way as to infringe on the right of the people to keep and bear arms, to cite an example other than the one under consideration here. Similarly they cannot make a law on the "Times, Places and Manners of holding elections" in such a way as to abridge the freedom of speech or of the press. They also cannot do so in a manner that would restrict the right to vote on account of race (Amd. XV) or sex (Amd. XIX).

The power of Congress does not extend to specifying the Manner of electing Presidential electors, only Representative and Senators. They can legislate on the time and places, but the date must be the same throughout the country.

Tell us where in the Constitution the Supreme Court is delegated the power to "authority to the SC to override them (laws and regulations) if it thinks they are unconstitutional".

1,796 posted on 12/11/2003 2:05:19 PM PST by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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