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To: Non-Sequitur
So what you are saying is that the state legislatures weren't required to obey supreme court decisions?

No. They'd be required to obey state supreme court decisions. I am simply saying that it would be virtually impossible for a case to arise in which the decision of whether or not to deploy the militia or how to use that militia was put into the court's hands.

In your world, the state supreme court had the authority to decide what acts of the confederate congress were constitutional and what were not.

Not in my world, non-seq. That is actually what happened in the CSA.

So if a state supreme court ruled that the Davis regime could not draft the men of their state then wouldn't that mean that those men already drafted would have to be discharged?

Not if the case arose before their incorporation into the federal armies. That is at least what happened with the texas case, which sought to draft the state militia into the federal regulars.

And what power did the states have to compel that?

The power to order their militia not to go where Davis told them.

And if the men of Texas were not subject to conscription then why should the men of Louisiana or Georgia?

Because Louisiana and Georgia are different states with different political processes and policies.

523 posted on 09/14/2003 4:02:50 PM PDT by GOPcapitalist
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To: GOPcapitalist
The original question was one of judicial controls on the Davis regime and your suggestion that sufficient control could be exercised by the individual state supreme courts. But in your example one state court could rule that the suspension of habeas corpus was unconstitutional, which may provide some relief for the people of that state if the Davis regime decided to abide by the decision, and leave the people in the other 10 confederate states languishing under the tyranny of the central government. What if the supreme court in one state decided the suspension was legal and another state supreme court decided that the exact same law was illegal, what did the regime do then? And why should the Davis regime be bound be the decisions of the individual state supreme courts in the first place? The confederate constitution had the same supremacy clause in it that the real Constitution had. What gave the individual state supreme courts judrisdiction over the acts passed by the confederate congress and the Davis regime?
529 posted on 09/14/2003 5:56:58 PM PDT by Non-Sequitur
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