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To: general_re
I am SUPREMELY CONFIDENT that if a legal challenge were mounted, the Dems would back down in a hurry. The ONLY reason they are able to do this is that they live in the past, when winning the Democrat primary meant winning election.

There are LOTS of archaic laws hanging around. They go away when they are challenged. It's as easy as that.

There is NO WAY a political party has subpoena power under the United States Constitution--which doesn't even RECOGNIZE political parties.

Show me the Constitutional basis for a kangaroo court formed by a partisan political machine, please.

All this would take is someone like Judicial Watch to get interested in it--unfortunately, they're too busy tilting at windmills just now.

Maybe Landmark. Whomever, all it would take is a serious legal challenge and that "law" would be a dead letter.

36 posted on 08/16/2002 10:26:31 AM PDT by Illbay
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To: Illbay
I'm not trying to defend it, just explain it - I think your analysis is pretty much right on the money.

Simplest way to challenge it is to be one of the people subpoenaed. Just wad the summons up and throw it away, and then wait to see if they've got the stones to try to force you to testify. Boom - instant standing to sue. Just add lawyers ;)

37 posted on 08/16/2002 10:37:04 AM PDT by general_re
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To: Illbay
I'm not disagreeing with you, but you wrote:

Show me the Constitutional basis for a kangaroo court formed by a partisan political machine, please.

Just out of curiosity could you show me the constitutional basis for Federal Drug Laws or Social Secuity and Seat Belt Laws or the DeadBeat Dad laws, or the Helium reserve, (I could go on, but I'm sure you get the point).

Regardless, I am confident I could find a Federal Judge to say all of above are OK. I live in Oregon, so the entire District Court (#10) would uphold. Then you could go to Supreme's and hope for a good 5 to 4 split. The Constituion isn't dead, it's in one of those frozen chambers like Ted Williams. If we have the political will perhaps some day it can be revived. Until then we can look at it and touch it but it can no more protect us from criminal democrats and racist black politicians than Ted can show us how to hold a bat.

45 posted on 08/17/2002 12:40:41 PM PDT by Jack Black
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