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To: Dont Mention the War
I'm glad the fed judge did this, but how does he have jurisdiction in matters of nevada law?
20 posted on 07/14/2003 5:19:24 PM PDT by Principled
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To: Principled
I'm glad the fed judge did this, but how does he have jurisdiction in matters of nevada law?

Same reason the SCOTUS dealt a KO to the SCOFLA in 2000, I guess. States' rights go out the window when the state is oppressing its people on such a fundamental level, IMHO. But then, I'm not a lawyer.

28 posted on 07/14/2003 5:23:41 PM PDT by Dont Mention the War
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To: Principled
I'm glad the fed judge did this, but how does he have jurisdiction in matters of nevada law?

Not a prinicipled (pun on screenname intended) believer in states' rights are you? You don't like the court's decision so you want the federal government to create a jurisdiction claim. How often do you want the federal government to step into state matters?

A believer in states' rights would say that the Nevada Supreme Court has the ultimate authority to interpret the laws of Nevada. The proper course for Nevadans to take after this miscarriage of justice is to kick their Supremes out of office through political means.

61 posted on 07/14/2003 5:56:29 PM PDT by SolidSupplySide
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To: Principled
I'm glad the fed judge did this, but how does he have jurisdiction in matters of nevada law?

Don't know exactly. But I would say that the Constitution's requirement that the Federal government make sure that each State has a republican form of government could apply.

The Supreme Court of Nevada basically took dictatorial powers and rewrote the Constitution of Nevada to suit it. It appears they overruled and nullified a specific and clear technical mandate by the Constitution in order to satisfy a more hazy and malleable amendment that conflicted with it but was more favorable to their personal ideas on social policy. Thats not a republican form of government.
89 posted on 07/14/2003 6:39:06 PM PDT by Arkinsaw
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To: Principled
I'm glad the fed judge did this, but how does he have jurisdiction in matters of nevada law?

US Constitution, Article 4, Section 4: "The United States shall guarantee to every state in this union a republican form of government".

The Federal govt as a positive, explicit duty to guarantee that no state shall be taken over by a dictatorship, whether that dictatorship takes the form of a corrupt party machine deciding it can ignore elections, or a bunch of black-robed judges thinking they can ignore their state Constitution

The Feds have an explicit, Constitutional duty to step in in cases like this, where the explicit will of the people of the State is being defied by those who pretend to act under color of law

115 posted on 07/14/2003 7:58:23 PM PDT by SauronOfMordor (Java/C++/Unix/Web Developer looking for next gig)
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