Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Ruadh

Bouvier's Law Dictionary, 1856 Edition - Letter U
Address:http://www.constitution.org/bouv/bouvier_u.htm

UNALIENABLE. The state of a thing or right which cannot be sold.
The natural rights of life and liberty are unalienable.



UNCONSTITUTIONAL. That which is contrary to the constitution.

2. When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void. 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.

3. The courts have the power, and it is their duty, when an act is unconstitutional, to declare it to be so


296 posted on 07/14/2005 3:30:24 PM PDT by musanon
[ Post Reply | Private Reply | To 294 | View Replies ]


.


297 posted on 07/14/2005 3:36:33 PM PDT by musanon
[ Post Reply | Private Reply | To 296 | View Replies ]

To: musanon

"UNALIENABLE. The state of a thing or right which cannot be sold.
The natural rights of life and liberty are unalienable."

Which has no bearing on whether something is unconstitutional, does it?

"UNCONSTITUTIONAL. That which is contrary to the constitution."

Right; Article V is part of the Constitution. An act of a court contrary to Article V is unconstitutional.

Ratification of an amendment pursuant to Article V is not contrary to the Constitution, hence it is constitutional. That such an amendment would override previous parts of the Constitution is the purpose of amendment, is it not? If you know how to amend a law without changing the law, I'd be real curious to see an example, together with an explanation of why an amendment that makes no change in the law is needed.


298 posted on 07/14/2005 5:34:56 PM PDT by Ruadh (Liberty is not a means to a political end. It is itself the highest political end. — LORD ACTON)
[ Post Reply | Private Reply | To 296 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson