Posted on 02/17/2010 9:28:36 AM PST by Para-Ord.45
You've got to love that Antonin Scalia answered a letter from a screenwriter asking for tips on a screenplay involving Maine seceding from the union:
"I am afraid I cannot be of much help with your problem, principally because I cannot imagine that such a question could ever reach the Supreme Court. To begin with, the answer is clear. If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, "one Nation, indivisible.") Secondly, I find it difficult to envision who the parties to this lawsuit might be. Is the State suing the United States for a declaratory judgment? But the United States cannot be sued without its consent, and it has not consented to this sort of suit.
I am sure that poetic license can overcome all that but you do not need legal advice for that. Good luck with your screenplay."
Please see posts #148 and 149
I think it's more ridiculous to believe that the Founders would go to lenghts to ensure that states could not take steps that might harm other states, and then leave permission for the ultimate negative act assumed. But that's just me. I'm not blessed with your...creative imagination.
Then you would agree that the U.S. Air Force is an illegal, unconstitutional organization and must be disbanded or folded back into the Army immediately. Right?
Not necessarily. You figure out why and tear you own straw man down.
Let's see now! I'm the one who is arguing for the plain language of the Constitution and nothing more but, according to you, I'M the one with a creative imagination!
LOL! I guess you got me there < /sarcasm >
Not necessarily? You said that there were no implied powers. The Constitution in Article I Section 8 specifically authorizes funding a branch of the military called an Army and a branch called a Navy. It does not specifically authorize an Air Force. Now, Article I Section 8 does say that Congress shall have the power to provide for the common defense, and one might imply in that the power to establish however many different branches of the military necessary to accomplish that. But as you told us earlier, there are no implied powers only specifically defined ones. So by all means tell us how an Air Force can exist without the specificConstitutional authority to fund one?
“...and then leave permission for the ultimate negative act assumed.”
By ultimate negative act you mean, the unstated permission to destroy states and their people who peacefully quit the union without malice or offensive threat.
Yeah. That is ridiculous.
You finally got one right.
(Here kitty, kitty. Time for another smack down.)
No, you're the one contradicting yourself.
True or false: Homeland Security, NASA, Federal Aviation Administrtion, and Veterans Affairs are only a few examples of the many unconstitutional departments and agencies that should be eliminated since they are not specifically authorized by the Constitution.
And we're all holding out hope that someday you will get something right, too. Though I must admit that hope is fading fast.
Seriously. Can’t you make up better come backs than the Pee Wee Herman, “I know you are, but what am I?”
Here’s a thought...address the point I made. Oh, wait, I guess even you get tired of getting bitch slapped all the time.
Bigun: Hehehehehe... see I’ve got him trained. He can’t stand it. Now watch him get mad and stamp his feet.
You are also incorrect on that point as well. Read the history and you will see that they precisely followed the letter of the Constitution in creating the state of West Virginia.
As to not specifically mentioning secession in the Constitution, where specifically does it mention say the United States Air Force?
Certainly. But I'm lowering myself to your level.
LOL!
And your mama wears combat boots.
LMAO..... How old ARE you, dude?
I seem to hear a distinct echo in here!
Be careful when he turns a corner real fast!
???? He who?
Fair point. TX could claim a per-capita share of the national debt and full ownership of (formerly) federal property within state boundaries, and they could give the Feds the option of attempting to force them to stay but charging all war costs against the TX share of the national debt if there is a war and (as is likely based on relative motivation) TX wins. I don't think Obama has the guts to initiate a war, not even against Americans, even though he doesn't identify with us.
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