Posted on 07/17/2003 11:18:16 AM PDT by churchillbuff
two can play the quoting game. Article 4, Section 4:
The United States shall guarantee to every State in this Union a Republican Form of Government
A "republican form of government" implies among other things a written constitution which is not being violated. When it is being violated, "the United States" (that's the fedgov) has an obligation to step in, to fulfill their guarantee to the citizens of Nevada that they will enjoy a republican form of government. Simple.
Awesome quote!
Unfortunately, someone (didn't catch who it was) has gone to Federal Court and obtained an injunction against the Nevada Supreme Court. I heard this on Rush with Roger Hedgecock about an hour ago.
Exactly...there are a lot of Freepers here placing a lot of faith in another court and another set of black robes. I wish 'em well, but if it doesn't work, how many will invoke this:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
As they are talking about the courts overruling the Constitution here in California, this may not be an academic question for myself.(gulp)
Yes, but thinking purely in terms of the Nevada Supreme Court, it doesn't matter. The replacement justices, even if appointed by the same scumbag governor, will be on notice: Violate the Constitution and you'll be out of a job too, your reputation in tatters.
That was my Assemblywoman Sharon Angle. She's a family friend and a true conservative (and a wonderful woman). A friend of mine that knows Sharon told me about the lawsuit last Saturday and said that she was looking for names to attach to the suit (it was a class action lawsuit). My family tried to reach her Sunday so we could be named on the suit, but she was out and the suit came out on Monday.
Sharon has been hitting the local talk radio circuit, too. She's really stepped up to the plate on this whole debacle (as well as Lynn Hetrick and a few others) and we're very proud of her. True leadership is hard to find in government these days, and it's crisis' like these that separate the men and women from the children. I have no doubt that Sharon's political star will shine brightly after we're through this.
There was another thread about this a few days ago (I'm about to head out the door and can't dig it up myself, but a keyword or headline search should pull it up) in which a lawyer tracked down the relevant court filings in this case, which showed the federal courts very much do have the responsibility of stepping in when the state courts start engaging in massive violations of the most basic rights of the state's citizens ... and have plenty of times throughout American history.
Yep, you're fight. I stand corrected.
Supporters of the death penalty campaigned to remove three justicesBird, Joseph Grodin (a former professor of labor law), and Cruz Reynoso (the first Latino on the court). All three had been appointed by Brown. Grodin and Reynoso had only voted to uphold death sentences in three cases.
No justice in California had ever lost a retention election, but this campaign caught fire. A crime victims organization enlisted people across the state to ring doorbells. The California District Attorneys Association opposed the justices. Anti-Bird literature flooded voters mailboxes. The campaign gained the support of many in the business community who did not like the justices because of what they considered a pro-consumer bias. Republican Governor George Deukmejian, running for re-election, constantly attacked Bird and the two other justices as liberals lacking impartiality and objectivity. His Democratic opponent, Tom Bradley, refused to take sides. Bird aired a series of commercials, but refrained from getting involved in a discussion about the death penalty. Her commercials focused on the importance of an independent judiciary. She stated: Judges with a backbone are a California tradition worth keeping. Although the three justices had support within the legal community, anti-Bird forces vastly outspent their supporters. All three justices lost, and the newly re-elected Governor Deukmejian appointed three justices in their place.
LINKStill, a great time was had by all.
She couldn't do any worse than the RINO we have now.
Then, come election time, the voters should boot the remaining two out of office.
Federal jurisdiction questioned (in case of tax-increase ordered by Nevada Supreme Court)
Those of us who believe in the concept of federalism are in a small minority here on FR, it seems.
The court ruled that the "substantive" right to education trumped the "procedural" two-thirds requirement of the Constitution. Under that sort of reasoning, the whole U.S. Constitution could be gutted by the claim that its "procedural" requirements gutted some "substantive" right or other.
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