Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: tpaine
When laws are passed my friend, they're the law of the land and part of the constitution. The Attorney General can't make law, he can only enforce it. When the AWB sunsets he will be required to enforce that law as well. The Separation of Powers is considered a fundemental part of the Constitution my friend.
161 posted on 05/07/2003 9:19:05 PM PDT by MJY1288 (Freedom is Ringing)
[ Post Reply | Private Reply | To 128 | View Replies ]


To: MJY1288
When laws are passed my friend, they're the law of the land and part of the constitution.


Isn't that one function of the Judiciary?.... Determine constituionality of enacted legislation......
176 posted on 05/07/2003 9:23:48 PM PDT by deport (Beware of Idiots bearing gifts.... One maybe the FR Joke)
[ Post Reply | Private Reply | To 161 | View Replies ]

To: MJY1288
"When laws are passed my friend, they're the law of the land and part of the Constitution."

Not quite. I give you Marbury vs Madison.

198 posted on 05/07/2003 9:31:30 PM PDT by wcbtinman (Metus improbos compescit, non clementia. (Fear, not kindness, restrains the wicked.))
[ Post Reply | Private Reply | To 161 | View Replies ]

To: MJY1288
Many unconstitutional laws are passed. We are not obligated to obey them, or to enforce them.

"Acts repugnant to the constitution are not law":


Marbury v. Madison (1803)
Address:http://usinfo.state.gov/usa/infousa/facts/democrac/9.htm
211 posted on 05/07/2003 9:39:14 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak.)
[ Post Reply | Private Reply | To 161 | View Replies ]

To: MJY1288
"When laws are passed my friend, they're the law of the land and part of the constitution. The Attorney General can't make law, he can only enforce it. When the AWB sunsets he will be required to enforce that law as well. The Separation of Powers is considered a fundemental part of the Constitution my friend."

If the executive branch is required to just do whatever the judiciary and legislature tell it, then the executive isn't really separate at all, and provides no constitutional check. The chief executive is fully qualified to judge on his own if a law or ruling is constitutional, and those he judges unfit he need not enforce.

Of course, congress might then impeach him...
367 posted on 05/08/2003 9:36:09 AM PDT by Tauzero
[ Post Reply | Private Reply | To 161 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson