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To: TexasGurl24

Correct, the Constitution is supreme.

But it is only - finally - interpreted by the Supreme Court. Lower Courts can hold in abeyance any law until the Supreme Court rules on it or lets the lower court ruling stand.

If the Logan Act is unconstitutional, the Supreme Court, only they, can rule it so, in finality.

FR can huff and puff all it wants, the Logan Act for now is still the law of the land.

So what? Flynn lied to the FBI. How do you feel about that issue of real substance?


111 posted on 12/01/2017 1:42:15 PM PST by gandalftb (OK State, Go Cowboys!!)
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To: gandalftb

You simply don’t understand how remedies or the law works. The Supreme Court “letting a lower court ruling stand” only works if there is an appeal. Many cases are not appealed at all.

The Constitutionality of a particular law is not exclusively in the realm of the Supreme Court. A law either is constitutional or it is unconstitutional on its merits, and a court only expresses its judgment on the matter when it is presented with a particular case. That judgment detects unconstitutionality—it does not create it. The Sedition Act of 1798 was unconstitutional notwithstanding that the Supreme Court never said so—and President Jefferson was right to decline to enforce it.

Jefferson was also right when he said that the Courts do not have the exclusive authority to find Unconstitutionality in any given law.

A specific law doesn’t have to be held unconstitutional for a doctrinal development to show that a law is unconstitutional.

I will say this. Your comment about “FR huffing and puffing” is quite telling and it betrays more than a little about you.

Do you support President Trump and his policies?

Do you believe that the President committed a crime?

Do you want the President to continue to hold office and MAGA?


114 posted on 12/01/2017 2:14:01 PM PST by TexasGurl24
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To: gandalftb
If the Logan Act is unconstitutional, the Supreme Court, only they, can rule it so, in finality.

I do not believe this is entirely correct. There are precedents that make this claim untrue, although SCOTUS refusing to hear an appeal could technically make that statement somewhat valid.
115 posted on 12/01/2017 2:15:51 PM PST by Pox (Good Night. I expect more respect tomorrow.)
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