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To: PhilipFreneau
The 14th Amendment did no such thing. The federal judiciary claimed it did when it usurped power from the states and the people.
[snip]
Regarding case law, precedent is a dangerous tool in the hands of a tyrannical judiciary.
[snip] Let them refer to it and original intent rather than the opinion of another judge(s) who is likely to be corrupt.

So your objections are that for over 170 years the judiciary has been corrupt (the cases went back to the 1830s for precedent) and that case law and precedent, the basis of our legal system and a heritage stretching back to Roman law, is dangerous and should be removed - 'move the case law to the landfills.

Re: 2000 decision: Not the same.

Same principle was used - a state can not usurp the Constitution.

"The supremacy clause also may come into play."
No.

And denial isn't just a river in Egypt.

Provided the federal law is made pursuant to the Constitution.

And here we are talking about expressed clauses and amendments of that Constitution. A state can not decide to ignore parts that it doesn't like, nor can individuals.

575 posted on 02/20/2004 12:08:08 AM PST by Ophiucus
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To: Ophiucus
So your objections are that for over 170 years the judiciary has been corrupt (the cases went back to the 1830s for precedent) and that case law and precedent, the basis of our legal system and a heritage stretching back to Roman law, is dangerous and should be removed - 'move the case law to the landfills.

In a nutshell, yes.

A state can not decide to ignore parts that it doesn't like, nor can individuals.

Your statement is meaningless under todays standards. The federal government can, and does ignore the constitution on a continuous basis, either creating laws via legislative usurpation, or out of thin air via judicial usurpation. The fears of the anti-federalists and George Washinton have come true: all power is consolidated in Washington, and collusion between the three branches essentially has consolidated all power into a single branch. Legal eagles see no problem with this because they cannot see past the "law". But many civil wars have been fought over far less, and many nations have self-destructed over far less.

578 posted on 02/20/2004 6:53:39 AM PST by PhilipFreneau
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