Posted on 03/03/2006 11:37:56 AM PST by Rebeleye
Article XXX. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.Massachussetts Constitution
Adopted 7 years prior to the drafting of the Constitution of the US.
We are a government of laws, not of men, metamorphasis, political evolution, metaphysical concepts, secret essences of legal potency, or normative auras.
We are not bound by any organic process, unless codified into the Constitution of the United States. Your posts are becoming reminiscent of midieval disputes about the nature of the Trinity.
No.
Again: It was not SC that backed down, but the US congress.
As lentulusgracchus has said, cite the relevent portion of the Constitution in total.
New Hampshire voted to raise an independent army of 2000 men and established it's own postal system. Connecticut fought the war by it's own authority (military and diplomatic). Massachusetts, South Carolina and Connecticut fitted out ships for their own navy (military). When the French ambassador's house was violated it was the State of Pennsylvania that prosecuted (diplomatic). New Hampshire issued it's own letters or marquee and reprisal (military). Numerous states had their own prize and Admiralty courts that heard cases (military and diplomatic).
Again, 5 states declared their independence (diplomatic) separately. Numerous states refused to send delegates to the first called convention, Rhode Island and Providence Plantations refused to send delegates to the Philadelphia convention (diplomatic). The nine states agreeing to the Constitution (independently I might add) severed ties (diplomatic) with their remaining 4 (the AoC was no longer in force - it required UNANIMOUS consent for changes). All states commissioned their own officers (military). All states engaged in diplomacy with each other.
Justice Patterson stated in the US Supreme Court that New Hampshire, should she refuse to recognize the authority of Congress, should withdraw herself from the union (diplomatic).
Please cite the clause and section of the federal Constitution requiring such. Otherwise, you're just making it up, pulling it from the cloth of your 'living' Constitution.
He won't. I've challenged him twice, and he won't cough it up, but wants to change the subject to the Treason Clause.
Pure bad sportsmanship because we're beating his brains in on this subject. We are demonstrating his wilful tactical, i.e. disingenuous, ignorance on certain subjects.
Bad faith in argument.
Spit it out, JSUAFI. What has to happen before Congress or anyone else can act in a case of insurrection?
We just had a textbook example of the limitations of federal power last August, on the eve of Hurricane "Katrina".
What has to happen, JSUAFI, before an emergency can be "federalized"? Speak up, boy. I can't hear you.
I think he's pulling it from the cloth of his underwear.
Isn't "Farber" the root of "fabricate"?
Really? New one on me -- I'd heard of the diplomacy and state forces being kept (not just Militia but ships). What year did this occur in? It would have had to be after 1789, right? Since the Supreme Court didn't exist, really, until ratification.
[Gianni, practicing the Laconian style of discourse] No.
Concurring bump. Where is this knucklehead getting this stuff? He still hasn't told us whom he's quoting.
Wasn't your guess Farber?
free dixie,sw
free dixie,sw
free dixie,sw
Hey, Cad, last I saw of you, you were licking Jim Robinson's hand like Peter Lorre in Casablanca and telling him you had no idea and scuttling away from the fallout veils dropping from the mushroom cloud that used to be your mendacious fellow-striver, capitan_refugio.
Capitan was almost as good at making stuff up as our boy Justshutupandfakeit here.
Whaddayasay, Cad? Long time, no see. No wonder I felt so good.
Then they snarl filth.....
Back that up with a quote. Cite and quote, pal. Cite the "filth", quote the "filth". And don't throw down some of yours and pretend it's ours, like capitan used to do.
And keep your quotes straight. When you quote some attorney briefing in Marbury vs. Madison or Ex Parte Bollman and Swartout, don't tell us it's John Marshall delivering the opinion of the Court.
are you playing with yourself again???
the only person on this forum who are even one half as delusional & clueLESS as "JSU&TI" is "m.eSPINola" the BIGOT, fool & HATER. imVho,they will be very happy together in their own weird little twisted & hate-FILLED world.
free dixie,sw
perhaps you should head over to DU & sup with the other fools & HATERS.
free dixie,sw
you & "JSU&TI" will be very happy together on DU. be GONE.
free dixie,sw
But I am, notwithstanding, of opinion, that New Hampshire was bound, and Congress supreme, for the reasons already assigned, and that she continued to be bound, because she continued in the confederacy. As long as she continued to be one of the federal states, it must have been on equal terms. If she would not submit to the exercise of the act of sovereignty contended for by Congress, and the other states, she should have withdrawn herself from the confederacy.And again (3 Dall. 54, 95),
Two principles appear to me to be clear. 1. The authority was not possessed by Congress, unless given by all the states. 2. If once given, no state could, by any act of its own, disavow and recall the authority previously given, without withdrawing from the confederation.Justice Blair in the same case (3 Dall. 54, 113), cited his own circuit court decision stating the same:
[I]f she [New Hampshire] had such a right [to revoke any authority she may have consented to give to Congress], there was but one way of exercising it, that is, by withdrawing herself from the confederacy.
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