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Title: Police Celebrate 4th Of July With Nationwide No Refusal Checkpoints and Forced Blood Draws
Source:
Free Thought Project
URL Source: http://thefreethoughtproject.com/po ... ationwide-refusal-checkpoints/
Published: Jul 4, 2015
Author: John Vibes
Post Date: 2015-07-04 10:46:33 by Deckard
Keywords: None
Views: 68779
Comments: 141
Happy 4th of July, the day where Americans celebrate imaginary freedom, and police departments nationwide make millions of dollars violating the rights of nonviolent individuals. Under the pretense of catching drunk drivers, police will be patrolling the streets and setting up checkpoints all over the country this weekend. In some cases they will arrest drunk drivers, in others they will search and arrest nonviolent drug offenders, while other people may get citations for problems with their vehicle or registration. Especially for people who haven’t even done anything wrong, these checkpoints are a gross violation of privacy and other natural born rights. Free people should not be stopped and searched or questioned in any way if they are attempting to travel freely. However, we sadly now live in a world where rights like traveling are seen as privileges, to be given and taken by government. As it stands right now, the way that the state deals with drunk driving is tyrannical and infringes upon everyone’s rights, even people like myself, who hardly ever drink. Economist Jeffrey Tucker wrote an article on this subject and discussed the problems with the status quo while offering some solutions as well. Laws against drunk driving have vastly expanded police power and done nothing to stop the practice. The best prevention against unsafe driving from drinking has been provided privately: friends, services offered by bars and restaurants, community interest groups, etc. This is the humane and rational way societies deal with social risks. The police have only messed up this process by adding a coercive element that targets liberty rather than crime. And we can see where this is heading. Texting is now illegal in most places. So is talking on the phone. Maybe talking itself should be illegal. Some communities are talking about banning eating. All of this is a distraction from the real issue. If our ultimate goals are to reduce driver impairment and maximize highway safety, we should be punishing reckless driving. It shouldn’t matter if it’s caused by alcohol, sleep deprivation, prescription medication, text messaging, or road rage. If lawmakers want to stick it to dangerous drivers who threaten everyone else on the road, they can dial up the civil and criminal liability for reckless driving, especially in cases that result in injury or property damage. Doing away with the specific charge of drunk driving sounds radical at first blush, but it would put the focus back on impairment, where it belongs. It might repair some of the civil-liberties damage done by the invasive powers the government says it needs to catch and convict drunk drivers. If the offense were reckless driving rather than drunk driving, for example, repeated swerving over the median line would be enough to justify the charge. There would be no need for a cop to jam a needle in your arm alongside a busy highway. Scrapping the DWI offense in favor of better enforcement of reckless driving laws would also bring some logical consistency to our laws, which treat a driver with a BAC of 0.08 much more harshly than, say, a driver distracted by his kids or a cell phone call, despite similar levels of impairment. The punishable act should be violating road rules or causing an accident, not the factors that led to those offenses. Singling out alcohol impairment for extra punishment isn’t about making the roads safer. It’s about a lingering hostility toward demon rum. There is no doubt that drunk driving should be discouraged and that solutions to prevent people from driving drunk should be explored. However, it is entirely possible to do this without violating anyone’s rights in the process. Meanwhile, in police state USA, it is business as usual. John Vibes is an author, researcher and investigative journalist who takes a special interest in the counter culture and the drug war. In addition to his writing and activist work he organizes a number of large events including the Free Your Mind Conference, which features top caliber speakers and whistle-blowers from all over the world. You can contact him and stay connected to his work at his Facebook page. You can find his 65 chapter Book entitled “Alchemy of the Timeless Renaissance” at bookpatch.com.
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Begin Trace Mode for Comment # 96.
#2. To: Deckard (#0)
I thought they were going to be saving/protecting us from terrorists and sharks this weekend.
Unlike your one trick pony, libtard anarchy routine, LE can actually multitask.
Is that so? Cop Kills Man with Patrol Car While Speeding & Looking at Laptop, Flexes Blue Privilege – No Charges Yeah - cops are above the law. Assholes! Oh - here's another one fascist-boy. Cop Drives 126mph While Texting, Kills Teen Girls Former Illinois State trooper Matt Mitchell was driving at 126 mph on Interstate 64 while emailing/texting his girlfriend on his phone. In his state, he crossed over the median and crashed head-on to another car, killing sisters Kelli and Jessica Uhl and injuring Kelly and Christine Marler, of Fayetteville. Mitchell sustained severe injuries to his leg. Mitchell was suspended with pay for two years on his $68,000 annual salary. After pleading guilty to criminal charges, Mitchell resigned from the state police. His guilty plea landed him 30 months probation. Now Mitchell is filing for worker's compensation, which could result in him receiving tens of thousands of taxpayer dollars, which are non-taxable.
Break that down... He: Drove Sped Typed on a laptop Killed And provided his own criminal defense... all at the same time. That's called multitasking.
Drove Sped Typed on a laptop Killed And provided his own criminal defense... all at the same time. That's called multitasking. Add to that the paid vacation and probation instead of jail time. And you defend this murdering POS cop.
More YELLA propaganda. I never defended anyone. Hell, I didn't even read your posted link. I don't willingly read your YELLA bullshit. For all I know, the officer should be wood chipped alive. All I said was, officers are able to multitask instead of your one trick cop blocking pony agenda.
It is as you say….more YELLA propaganda! Meanwhile, in the USA, there is no news in any media source that confirms a “4th Of July Nationwide No Refusal Checkpoints and Forced Blood Draws.” Only thing in the news are the routine checkpoints conducted each 4th of July. The locations and times of those are published in the local media….always have been. But wait, Deckard….you say we are supposed to believe a concocted story by this guy:
Routine crime is no more legal than spontaneous crime. "Checkpoints" are a 4th amendment violation. Crimes by government officials are no less of a crime either. You've achieved independence from the rule of law. Enjoy your 4th of July crime spree!
PROVE THAT! You can't. Whether we like it or not, we cannot make that decision, only SCOTUS can. The Supreme Court has determined that DUI checkpoints do not constitute an unreasonable search and seizure.
Stone already proved it by quoting the 4th in post #30. Wake UP!
You can have an opinion….but your opinion is just that, your opinion. It is the Supreme Court’s ruling that is final on the matter. Excerpts From Supreme Court's Decision Upholding Sobriety Checkpoints ….is here Additional Information: Sobriety checkpoints or roadblocks involve law enforcement officials stopping every vehicle (or more typically, every nth vehicle) on a public roadway and investigating the possibility that the driver might be too impaired to drive. They are often set up late at night or in the very early morning hours and on weekends, at which time the proportion of impaired drivers tends to be the highest. Checkpoints are also often set near the exit points of public events, to prevent large numbers of drunk drivers from being released into traffic simultaneously from the event. With a portable and quick alcohol breath test, the police can test all drivers (if the law permits), and process the cars one by one as in a conveyor belt. When there is no quick test, a more complicated routine is necessary. Upon suspicion, the stopped driver is required to exit the vehicle and take a roadside sobriety test that requires the demonstration of both mental and balance skills. If the officer determines based on his observations during the tests, the driver is then required to take an alcohol breath test (referred to as a Breathalyzer test in the United States). It is important to note that you can not pass or fail a field sobriety test as they are not "pass-or-fail", they are only meant to aid the officer in determining if you are impaired based on observations of the subjects performance of these tests. Being subjected to perform this test is not prohibited by the fourth amendment of the United States Constitution if the law enforcement entity posts or announces in advance that these checkpoints will occur and at what location; law enforcement agencies often post a sign in a small road or street during the weekdays when it is only seen by local residents and not by those attending a special event or those that only travel in that area of the city during the weekend to patronize local bars and clubs. These announcements are also sometimes printed in news papers. Numerous websites host a database of check points that are to occur based on information found in news papers, the internet and tips from visitors of such sites. There are also some smartphone apps that include a function to report sobriety checkpoints, show them on a map and use the device's GPS to alert the driver when a sobriety checkpoint is nearby. Sobriety checkpoints regularly catch much more than just drunk drivers. [citation needed] The identity checks will catch individuals wanted by the police, and DUI often occurs together with other crimes, such as vehicle inspection and registration violations, vehicle tax avoidance or driving without a license.
Supreme court OPINIONS are NOT final. They've overruled themselves before, and presidents have also openly defied and refused to enforce their rulings. The supremes have zero enforcement powers for their edicts.
Ah, but the judgments by the Supreme Court are virtually final. Their decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. And when they interpret a statute, then new legislative action can be taken. If you are suggesting that they need not be obeyed, then you are entirely wrong.
The legislature does not require any sort of court action to do their job, which is to legislate. You'd better check in with Acorn HQ for the latest talking points bulletin, this stuff you're coming up with is WEAK.
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
I disagree. But I'd rather go this route. Don't they also have the option to limit the jurisdiction of the so called supreme court.
Jefferson also wrote that nullification — states’ ignoring of federal dictates — is the “rightful remedy” for all central-government usurpation of states’ powers. Of course, this includes plainly unconstitutional rulings by oligarchic federal courts. States have recourse to the “rightful remedy” of nullification because the Constitution reserves most powers to the states, and the states are not bound to follow unconstitutional federal edicts. In fact, in order to adhere to the Constitution, state are duty bound not to enforce such edicts, but to declare them null and void at the state border. nolu chan erroneously claims: -- Stone correctly disagrees. -- The fact is, ALL officials of Fed, State, and local govts are duty bound by their oaths of office to adhere to the Constitution and ONLY laws made "in pursuance thereof". All other (constitutionally questionable) edicts are null and void from enactment...
Stone correctly disagrees. -- The fact is, ALL officials of Fed, State, and local govts are duty bound by their oaths of office to adhere to the Constitution and ONLY laws made "in pursuance thereof". All other (constitutionally questionable) edicts are null and void from enactment... In the case of a Constitutional Amendment, it "shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or other Mode of Ratification may be proposed by Congress." Fro the instant an Amendment is declared ratified, it is an integral part of the Constitution, equal with all other parts. The notion that Congress can legislate or SCOTUS can rule any part of the Constitution to be unconstitutional is absurd. When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says. The Judicial Branch is not some superfluous body which issues irrelevant opinions for all to ignore.
Chan and I recently had a discussion on just that point, and I came away with the opposite impression: -- that for some reason, he wants the SCOTUS to have the final say on what is constitutional.. Chan claims: --- -- The fact is, ALL officials of Fed, State, and local govts are duty bound by their oaths of office to adhere to the Constitution and ONLY laws made "in pursuance thereof". All other (constitutionally questionable) edicts are, and can be declared, null and void from enactment... Yep, that's what that part of the constitution says.. In Article VI it says that only laws made "in pursuance thereof", (of the constitution), -"shall be the supreme law of the land." It's absurd to you, granted. But you can't refute the fact of the supremacy clause. Not true. -And your opinion is not supported within the constitution itself. I've never claimed it was..
Nor would I try. Under the supremacy clause, the first listed is the Constitution, and it is the paramount law, the expression of the will of the people by which they created the government in all its branches, and it is superior to any other law in the land. The Executive must obey it, the Legislature can only legislate pursuant to it, and the Judicial cannot overrule it or strike it down, in whole or in part—the concept is an absurdity. Black's Law Dictionary, 6th Ed. Law Dictionary, 2nd Edition, Steven F. Gifis Marbury v. Madison, 5 U.S. 176-77 (1803) Between these alternatives there is no middle ground. The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable. Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void. This theory is essentially attached to a written Constitution, and is consequently to be considered by this Court as one of the fundamental principles of our society. It is not, therefore, to be lost sight of in the further consideration of this subject. As far as I know, the court of tpaine does not hold appellate jurisdiction over SCOTUS, nor does any government authority. The Constitution is our "superior, paramount law, unchangeable by ordinary means." Misconstruing the supremacy clause does not overturn 2+ centuries of legal precedent.
Not true. -And your opinion is not supported within the constitution itself. And nothing you just posted refutes my position. -- As usual you are posting long winded opinions I have no problem with, as if they proved your position. -- They don't.
And nothing you just posted refutes my position. -- As usual you are posting long winded opinions I have no problem with, as if they proved your position. -- They don't. You just have a basic misunderstanding of the law and do not know what you are talking about. You can not and never have cited any legal authority that the judiciary can strike down a constitutional amendment or any other part of the Constitution. Your position continues to be absurd.
Not true. -And your opinion is not supported within the constitution itself. I've cited the constitution itself, and you cannot refute its words. Your opinion is noted, and the fact that the best 'proof' you can cite is to call Stone and I absurd....
Not true. -And your opinion is not supported within the constitution itself. Your opinion is supported by nothing at all. Repeating an absurdity over and over makes it no less absurd. Cite the case where a constitutional amendment has ever been struck down by SCOTUS. Cite the case where SCOTUS has ever claimed such authority. Cite the case where a SCOTUS interpretation of the Constitution has been overturned by congressional legislation.
Not true. -And your opinion is not supported within the constitution itself. Chan responded at #52: --- Seems to me that you addressed this issue honestly back at #52, Chan.. --- Can you explain why we are all 'absurd' now?
Your opinion is supported by nothing at all. Repeating an absurdity over and over makes it no less absurd. Cite the case where a constitutional amendment has ever been struck down by SCOTUS. Cite the case where SCOTUS has ever claimed such authority. Cite the case where a SCOTUS interpretation of the Constitution has been overturned by congressional legislation. Cite any recognized legal authority to support your imaginary concept that SCOTUS has struck down a constitutional amendment or claimed the authority to strike down a constitutional amendment. Is your source nonexistent or so embarrassing that you refuse to identify it? Don't be bashful, cite any recognized legal authority, preferably one that is a lawyer and not a wingnut with a blog.
Seems to me that you addressed this issue honestly back at #52, Chan.. --- Can you explain why we are all 'absurd' now? Unable to answer a reasonable question, you repeat your "absurd" allegations, and resume your barracks type lawyer leading questions: -- I've never made such claims, as you know.. Again, I've never claimed they have, - mr leading question wannabe lawyer.. You're repeating yourself, poor thing. -- I suggest you regain control, and consider telling us why you were honest about the issue at post #52, and are now claiming everyone else is absurd..
You assume this is absurd but run and hide from citing the source of your absurdities? When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
You're repeating yourself, poor thing. -- I suggest you regain control, and consider telling us why you were honest about the issue at post #52, and are now claiming everyone else is absurd. Your quote above, from #52, is not absurd, and I certainly never said it was.. This discussion is getting bizarro, imho.. You seem to be taking personal affront at any criticism of your opinions about SCOTUS opinions. -- Why?
Your previous blather includes, http://www2.libertysflame.com/cgi-bin/readart.cgi?ArtNum=40620&Disp=68#C68 tpaine posted on 2015-07-05 2:42:43 ET Is this now not erroneous? Your latest invention is: This discussion is getting bizarro, imho.. It is especially bizarro when you claim it is a quote from my #52. Just how did you cut and paste that from #52? You are attempting to respond to #91. That particular phrasing made its initial appearance at #91. Not only is it not absurd, it is not erroneous. It is 100% correct and you know it. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
nolu chan erroneously claims: -- Chan responded at #52: --- Seems to me that you addressed this issue honestly back at #52, Chan.. --- Can you explain why we are all 'absurd' now? Here is your reply, at #91: --- Which I mistakenly thought was made at #52, seeing that it says 'virtually' the same thing. Your qualifiers at both #52 and at #91 make your opinion constitutionally acceptable. Your original opinion is not..
#97. To: tpaine (#96)
Yeah, well I said it so slightly different from the Supreme Court you couldn't tell the difference. http://www2.libertysflame.com/cgi-bin/readart.cgi?ArtNum=40620&Disp=68#C68 tpaine posted on 2015-07-05 2:42:43 ET Try the U.S. Supreme Court in 1792: https://supreme.justia.com/cases/federal/us/2/409/case.html Hayburn’s Case, 2 US 409, 414 (1792) Or this at the U.S. Supreme Court: http://www.supremecourt.gov/about/constitutional.aspx U.S. Supreme Court website: The Court and Constitutional Interpretation Or this at the UMKC School of Law: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourtintro.html University of Missouri, Kansas City School of Law website: Or this at the South Carolina Bar Association: http://www.scbar.org/Teachers-Students/All-Programs/Teachers-and-the-Courts/Chapters/Federal-Courts South Carolina Bar Association website: Or this at the World Encyclopedia of Law: http://lawin.org/united-states-supreme-court/ World Encyclopedia of Law - - - - - What is erroneous? The legislature cannot overrule SCOTUS when it rules on a constitutional issue. "When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court." That rules out a legislative action.
Top • Page Up • Full Thread • Page Down • Bottom/LatestUnder the pretense of catching drunk drivers, police will be patrolling the streets and setting up checkpoints all over the country this weekend.
#3. To: Fred Mertz (#2)
I thought they were going to be saving/protecting us from terrorists and sharks this weekend.
#4. To: GrandIsland, Fred Mertz (#3)
(Edited)
Unlike your one trick pony, libtard anarchy routine, LE can actually multitask.
#8. To: Deckard (#4)
Cop Kills Man with Patrol Car While Speeding & Looking at Laptop, – No Charges
#13. To: GrandIsland (#8)
Break that down... He:
#18. To: Deckard (#13)
And you defend this murdering POS cop.
#28. To: GrandIsland, Deckard (#18)
More YELLA propaganda…
Meanwhile, in police state USA, it is business as usual.
Punk Rock Libertarians
No way Jose!!!
#32. To: Gatlin, organized, routine scheduled crime, OK? (#28)
Only thing in the news are the routine checkpoints conducted each 4th of July.
#33. To: hondo68 (#32)
(Edited)
"Checkpoints" are a 4th amendment violation.
#35. To: Gatlin, routine lawlessness, A K A Stone (#33)
PROVE THAT!
#39. To: hondo68 (#35)
PROVE THAT!
Quoting the Fourth Amendment does not prove: "Checkpoints are a 4th amendment violation."
Stone already proved it by quoting the 4th in post #30. Wake UP!
#42. To: Gatlin (#39)
(Edited)
It is the Supreme Court’s ruling that is final on the matter.
#57. To: hondo68 (#42)
Supreme court OPINIONS are NOT final.
#58. To: Gatlin, needs Acorn update memo (#57)
And when they interpret a statute, then new legislative action can be taken.
#62. To: hondo68, Gatlin (#58)
The legislature does not require any sort of court action to do their job, which is to legislate.
#63. To: nolu chan (#62)
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
#68. To: A K A Stone, nolu chan, Y'ALL (#63)
(Edited)
libertysflame.com/cgi-bin...gi?ArtNum=40617&Disp=2#C2
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
#71. To: tpaine (#68)
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
#72. To: nolu chan, Y'ALL (#71)
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
In the case of a Constitutional Amendment, it "shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or other Mode of Ratification may be proposed by Congress."
Fro the instant an Amendment is declared ratified, it is an integral part of the Constitution, equal with all other parts. The notion that Congress can legislate or SCOTUS can rule any part of the Constitution to be unconstitutional is absurd.
When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
The Judicial Branch is not some superfluous body which issues irrelevant opinions for all to ignore
#73. To: tpaine (#72)
Fro[m] the instant an Amendment is declared ratified, it is an integral part of the Constitution, equal with all other parts. The notion that Congress can legislate or SCOTUS can rule any part of the Constitution to be unconstitutional is absurd.
It's absurd to you, granted. But you can't refute the fact of the supremacy clause.
The clause of Art. VI of the U.S. Constitution which declares that all laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the "supreme law of the land" and shall enjoy legal superiority over any conflicting provision of a State constitution or law.
SUPREMACY CLAUSE popular title for Article VI, Section [2] of the United States Constitution, which is the main foundation of the federal government's power over the states, providing in effect that the "acts of the Federal Government are operative as supreme law throughout the Union. They are self-executing, since they prescribe rules enforceable in all courts of the land. The states have no power to impede, burden, or in any manner control the operation of the laws enacted by the Government of the nation. . . . [T]he full import of the Supremacy Clause was made clear after John Marshall became Chief Justice. In the Marshall interpretation, the clause meant essentially two things: (1) the states may not interfere in any manner with the functioning of the Federal Government; and (2) federal action (whether in the form of a statute, a treaty, a court decision, or an administrative act), if itself constitutional, must prevail over state action inconsistent therewith." Schwarz, Constitutional Law 48 (2d ed. 1979).
The Government of the United States is of the latter description. The powers of the Legislature are defined and limited; and that those limits may not be mistaken or forgotten, the Constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested that the Constitution controls any legislative act repugnant to it, or that the Legislature may alter the Constitution by an ordinary act.
#74. To: nolu chan, y'all (#73)
When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
#77. To: tpaine (#74)
ot true. -And your opinion is not supported within the constitution itself.
#80. To: nolu chan (#77)
When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
You can not and never have cited any legal authority that the judiciary can strike down a constitutional amendment or any other part of the Constitution.
Your position continues to be absurd.
#82. To: tpaine (#80)
When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
#87. To: nolu chan, hondo68, Y'ALL (#82)
Chan -- When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
hondo68 posted at (#42): --- Supreme court OPINIONS are NOT final.
This seems to be an argument about terminology. --- Court opinions are considered final when there is no further possibility of judicial proceedings upon the case in the issuing court unless it is reversed or set aside by a higher court. SCOTUS opinions cannot be appealed to a higher court. They are considered final. ---- The holding can always be overturned by a ruling in a subsequent case or by a change in the law it relied upon. ----- That does not change the final opinion in a prior case, but changes the court's interpretation of a legal point, and sets a new precedent. The 13th Amendment did not change the final opinion in Dred Scott but changed the law, invalidating Scott as binding precedent based upon a law that no longer exists. ----- The SCOTUS opinion is final, but the legal issue may be revisited and a new opinion may set a new precedent. The opinion is final but the holding may be challenged in subsequent cases.
#88. To: tpaine, A K A Stone (#87)
Chan -- When SCOTUS interprets the Constitution, their opinion prevails as to what the Constitution says.
Not true. -And your opinion is not supported within the constitution itself.
#89. To: nolu chan (#88)
Your opinion is supported by nothing at all. Repeating an absurdity over and over makes it no less absurd.
Cite the case where a constitutional amendment has ever been struck down by SCOTUS. Cite the case where SCOTUS has ever claimed such authority.
Cite the case where a SCOTUS interpretation of the Constitution has been overturned by congressional legislation.
Cite any recognized legal authority to support your imaginary concept that SCOTUS has struck down a constitutional amendment or claimed the authority to strike down a constitutional amendment. --- Is your source nonexistent or so embarrassing that you refuse to identify it? --- Don't be bashful, cite any recognized legal authority, preferably one that is a lawyer and not a wingnut with a blog.
#91. To: tpaine (#89)
Unable to answer a reasonable question, you repeat your "absurd" allegations, and resume your barracks type lawyer leading questions: --
#93. To: nolu chan (#91)
You assume this is absurd but run and hide from citing the source of your absurdities?
(From #52) --- When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
#95. To: tpaine (#93)
nolu chan erroneously claims: --
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
(From #52) --- When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Your quote above, from #52, is not absurd, and I certainly never said it was..
#96. To: nolu chan (#95)
(Edited)
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
hondo68 posted at (#42): --- Supreme court OPINIONS are NOT final.
This seems to be an argument about terminology. --- Court opinions are considered final when there is no further possibility of judicial proceedings upon the case in the issuing court unless it is reversed or set aside by a higher court. SCOTUS opinions cannot be appealed to a higher court. They are considered final. ---- The holding can always be overturned by a ruling in a subsequent case or by a change in the law it relied upon. ----- That does not change the final opinion in a prior case, but changes the court's interpretation of a legal point, and sets a new precedent. The 13th Amendment did not change the final opinion in Dred Scott but changed the law, invalidating Scott as binding precedent based upon a law that no longer exists. ----- The SCOTUS opinion is final, but the legal issue may be revisited and a new opinion may set a new precedent. The opinion is final but the holding may be challenged in subsequent cases.
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Replies to Comment # 96. Which I mistakenly thought was made at #52, seeing that it says 'virtually' the same thing.
nolu chan erroneously claims: --
When SCOTUS rules on a matter of constitutional law, the legislature cannot lawfully legislate contrary to the SCOTUS interpretation of the Constitution.
“That the duties assigned to the circuit courts by this act are not of that description, and that the act itself does not appear to contemplate them as such, inasmuch as it subjects the decisions of these courts, made pursuant to those duties, first to the consideration and suspension of the Secretary at War and then to the revision of the legislature, whereas by the Constitution, neither the Secretary at War nor any other Executive officer, nor even the legislature, is authorized to sit as a court of errors on the judicial acts or opinions of this court.”
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions are only rarely altered by constitutional amendment or by a new ruling of the Court.
End Trace Mode for Comment # 96.
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