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Old 03-03-2005, 09:30 AM   #1
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Default Question about Constitutionality

OK, if the Constitution says "you must do this," and you don't, then you've violated the Constitution. If it says "you cannot do this," and you do, htan that violates the Constitution.

But if the Constitution does not address an action, either way, how can that action be judged to be in violation of the Constitution?
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Old 03-03-2005, 09:35 AM   #2
 
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Default RE: Question about Constitutionality

as society has evolved, unforseen circumstances have arisen that have necessitated further interpretation of the constitution.
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Old 03-03-2005, 09:37 AM   #3
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Default RE: Question about Constitutionality

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ORIGINAL: david m

as society has evolved, unforseen circumstances have arisen that have necessitated further interpretation of the constitution.
That would explain all those pesky ammendments rather neatly ,
wouldn't it Dave ?
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Old 03-03-2005, 09:38 AM   #4
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Default RE: Question about Constitutionality

The very reason the Supreme Court Justices have job security!

Okay on a more serious note, any law on the books that is not covered in the interpatation of the Constitution is legit simply by the fact that it can not be declared unconstitutional!
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Old 03-03-2005, 09:59 AM   #5
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Default RE: Question about Constitutionality

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But if the Constitution does not address an action, either way, how can that action be judged to be in violation of the Constitution?
For one thing, the action could violate the 10th Amendment if it bypassed the authority of states or the people.
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Old 03-03-2005, 10:18 AM   #6
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Default RE: Question about Constitutionality

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For one thing, the action could violate the 10th Amendment if it bypassed the authority of states or the people.
Unfortunately the 10th amendment has been dead for 150 years R.I.P.[:@]

As long as the high courts of our land are loaded with marxist activist judges, the Constitution will be nearly meaningless. The laws that fit their agenda will not be made by congress so they have abused their power to push the laws of the land toward statist socialism by making rulings contrary to what is outlined in the Constitution.
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Old 03-03-2005, 10:19 AM   #7
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Default RE: Question about Constitutionality

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As long as the high courts of our land are loaded with marxist activist judges, the Constitution will be nearly meaningless. The laws that fit their agenda will not be made by congress so they have abused their power to push the laws of the land toward statist socialism by making rulings contrary to what is outlined in the Constitution.
but they are the law of the land. your argument is illogical.[&:]
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Old 03-03-2005, 10:27 AM   #8
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Default RE: Question about Constitutionality

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ORIGINAL: david m

as society has evolved, unforseen circumstances have arisen that have necessitated further interpretation of the constitution.
Careful there! Openning up the Constitution for changes is a very slippery slope!
Society may have changed, morals, and what is right and wrong have not changed! For the most part, people wanting to change laws, are just wanting to ease their conscious!
Another thing, over the past 100 years, the Supreme Court has usurped their authority, to the point of making laws, and taking authority that is not theirs to hold!
The Legislative, and Executive Branches, along with the American people have allowed the Court System to seize powers that our Constitution never meant for them to have!
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Old 03-03-2005, 10:40 AM   #9
 
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Old 03-03-2005, 10:58 AM   #10
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Default RE: Question about Constitutionality

Well said Ifferd .
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