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

To: NutCrackerBoy
Whoa, whoa, please, not everything is about individual rights! You rejected the word "tyranny" but there must be some word for what the federal government would be oppressively doing if it hampers a lower government entity such as a state so that it (the lower entity) cannot do what it needs to do?

The first nine amendments to the Constitution are all about individual rights. It is the duty of every level of government to ensure that they are not violated.

The Tenth Amendment affects the role of States in areas not otherwise prohibited. This is an area of the law I am not as familiar with. However, this particular case involves the actions of one individual. His institution, the Supreme Court of Alabama, has overridden his action, so there is no state vs. federal issue. If the legislature and governor passed a law mandating Decalogue monuments in courthouses, that would be a different matter.

Speaking generally, the Federal government could certainly act tyrannically towards its citizens, almost everyone of whom is also a citizen of a state or district. I'm not sure how it could act tyrannically towards a state government, other than declaring war. Let's not turn this into a Civil War thread.

99 posted on 08/22/2003 6:09:51 PM PDT by Looking for Diogenes
[ Post Reply | Private Reply | To 96 | View Replies ]


To: Looking for Diogenes
Let's not turn this into a Civil War thread.

OK. I can steer clear of a direct states' rights argument while still advancing my case.

Sure, the federal judge cites the First Amendment as the pitiful justification for the wrongful decision to order the monument removed. Part of my aim must be to defend Judge Moore against this scurrilous charge.

However, it is also fair for me to make a direct case against what the federal judge Thompson did, the essential by what law? question. There is no requirement for me to cast that action as an individual rights infringement. Let me be clear: I do not accuse Thompson of infringing anyone's individual rights! And yet I adamantly protest his action.

100 posted on 08/22/2003 6:43:07 PM PDT by NutCrackerBoy
[ Post Reply | Private Reply | To 99 | 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