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To: ForGod'sSake

OK, I just read it.

This is HUGE!!!

I first read NY v US about 1997 and realized then that it by itself was almost enough to turn the entire governmental structure on it’s head. It is probably the most important SC case in the last hundred years.

This case recognizes a couple things:

That the Tenth amendment still exists and is in effect
That ultimately, the law is about human beings. It may effect corporations, but natural men and women have a stake. For a while lately, there has been a direction of the Court to recognize corporate fictions like States and corporations and classes but not see so much individual humans. This is a clear reversal of that trend.
That incarceration under a federal statute that is invalid or otherwise defective amounts to what can be called “an injury in fact”. This is common law talking here, folks.

Wow. I’m gonna have to read it again and check the citations...


61 posted on 06/20/2011 4:26:42 PM PDT by djf ("Life is never fair...And perhaps it is a good thing for most of us that it is not." Oscar Wilde)
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To: djf
This is HUGE!!!

On the surface at least, it certainly appears so. Fact is, if I read it correctly, I can't find any other way to look at it. What's next, standing for an individual against the federales' overreach re 2nd Amendment guarantees? 1st Amendment??? Patiently awaiting on Constitutional "scholars" to weigh in. Oh hey, Jug Ears is a Constitutional scholar. We could check with him...

64 posted on 06/20/2011 5:00:20 PM PDT by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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To: djf
This is common law talking here, folks.

For the legally-challenged such as myself, what is the importance of common law here?

71 posted on 06/20/2011 5:43:25 PM PDT by gitmo (Hatred of those who think differently is the left's unifying principle.-Ralph Peters NY Post)
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