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To: Springfield Reformer; EternalVigilance; dcwusmc
CC, a lot of questions don’t lend themselves to simple Yes/No answers. As a lawyer, I coach witnesses to watch out for clever lawyers who try to box them in with “false dilemma” questions that will actually force the witness to misrepresent the truth if a simple Yes/No answer is given. To show you the difficulty, let me ask what *you* would do if a state, say, Maryland, up and decided to legalize the enslavement of all it’s FReepers, complete with hunting them down, house by house?

If the 14th Amendment has not been repealed, then a simple Appeal of the State Law to the Federal Courts should be sufficient to see the offending State Law struck down as UnConstitutional.

See, the problem that EV and I are discussing doesn't really have to do with the States passing Laws which legally disadvantage one class of citizens (the Unborn, or FReepers, or what have you) -- both EV and I would agree that such Laws should be struck down as UnConstitutional.

The problem is, what is the Federal Government supposed to do if a State repeals a State Law which protects a group of citizens -- that is, presuming that we were to overturn Roe vs. Wade and bring State Laws against Abortion back into effect, then what do you do if a State were to repeal its Laws against Abortion? The Congress and the Courts are not authorized to write laws for the States; and there's really nothing to Appeal to the Courts if a State is simply repealing an existing Law.

So, I think that you need to fine-tune your analogy.

Do that, and I'll be happy to discuss your analogy -- including answering ANY "Yes" or "No" Questions with a straightforward "Yes" or "No". (I reserve the right to provide a full explanation for my answer, but I will happily take a "Yes" or "No" stance to start the discussion).

223 posted on 05/07/2010 6:17:55 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: Christian_Capitalist

Dear CC, I have had my hands full with other labors, and as I wish to give you a proper answer, I must first get some rest. Please be patient as I think about my response. Thanks, SR.


233 posted on 05/09/2010 3:18:59 AM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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