Skip to comments.
Repeal Seventeenth Amendment
State's Liberty Party ^
| John MacMullin
Posted on 10/20/2002 8:04:26 AM PDT by Boonie Rat
click here to read article
Navigation: use the links below to view more comments.
first previous 1-20, 21-40, 41-60, 61-66 last
To: Non-Sequitur
Definitely. Unlike the Preamble, Article IV contains an actual command. The Preamble grants no powers to the federal government. If it did, then there would be absolutely no point in enumerating its powers, because just about everything under the sun would be covered by it.
And strictly speaking, I wasn't "discarding" the Preamble or saying that it isn't a legitimate part of the Constitution. I was only pointing out the obvious fact that it contained no actual requirements, so it cannot be construed as imposing a requirement.
61
posted on
10/22/2002 9:00:08 AM PDT
by
inquest
To: inquest
Well, OK, you got me there. Still a Supreme Court decision is no less valid because it relies on the Preamble. I believe that the Chief Justice made reference to the powers reserved to the United States elsewhere in Article IV but didn't clearly identify them Still, that too is an interpretation on my part of the Chief Justice's reasoning, and I can't very well criticize you if I do the same.
To: Non-Sequitur
Still a Supreme Court decision is no less valid because it relies on the Preamble.That to me is a scary thought. There has to be some rational limit on what the court can and can't do, otherwise we don't have a Constitution, just a court's dictates. I would at least consider such a decision, as I said in #53, highly suspect, and worthy of inquiring into other possible motives for issuing it.
63
posted on
10/22/2002 9:53:04 AM PDT
by
inquest
To: Boonie Rat
Didn't New Jersey just effect a de facto repeal of the 17th?
64
posted on
10/22/2002 9:56:45 AM PDT
by
Roscoe
To: Roscoe
No, they repealed the first paragraph of Section 4 in Article I.
65
posted on
10/22/2002 10:09:14 AM PDT
by
inquest
To: vetvetdoug
"Explain West Virginia if your statement is correct" West Virginia was created out of Virginia which had ALREADY seceeded because West Virginians were appalled that their former state legislature had repudiated the constitution. They strongly desired to live under the constitution for protection of their human rights. Plus, they were quite alarmed at the Confederate troops which were mustering in their back yard in Wheeling.
66
posted on
01/03/2003 3:58:34 PM PST
by
Xthe17th
Navigation: use the links below to view more comments.
first previous 1-20, 21-40, 41-60, 61-66 last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson