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Thread: Welcome to our Post-Constitutional America.
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07-11-13, 01:09 PM #201
Re: Welcome to our Post-Constitutional America.
They are in fact not unconstitutional - what is in fact constitutional is not determined by any individual or group other than the courts, the final word being the Supreme Court of the United States. You may not like it - but the Constitution itself setup this system. You stating something is 'unconstitutional' implies that a court has held as much - which on this issue is not the case and is misleading.
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07-11-13, 01:25 PM #203
Re: Welcome to our Post-Constitutional America.
Not sure how that is possible given the fact that Article III of the Constitution starts with the clause: "The judicial power of the United States, shall be vested in one Supreme Court" doesn't get any broader than that - ALL judicial power is vested in the Supreme Court. Maybe possible with some of the lower Article III courts or courts created under different provisions - like Article I courts. But the basic tenant of your comment is impossible.
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07-11-13, 02:10 PM #206
Re: Welcome to our Post-Constitutional America.
All human systems rely on humans at some level. A goal of the current system was to account for the failings of individual leaders by building institutions that segregated power.
I suppose the remedy to your case involves:
(a) revolution
... which was also a remedy included in the thinking of our current system's designers.
(b) start building SkyNet
... because the rise of the machines will surely be the fix for human failings.
ÆAlundil liked this post
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07-11-13, 02:12 PM #207
Re: Welcome to our Post-Constitutional America.
If that were the case the individual would be subject to impeachment, and if impeached they would be removed. The Court itself would continue and is perfectly in it's rights and powers to reverse course on any particular issue if they deem it necessary.
Go find the proof and call your congressman to get the impeachment ball rolling - that's how it works.
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07-11-13, 03:26 PM #210
Re: Welcome to our Post-Constitutional America.
Yes, really. We live in a country where the President can make proclamations that exceed their authority (see any of Executive orders as examples), announce selective enforcement of laws passed by congress (see obamacare). In a country where our federal agencies regularly illegally search, seize, and/or store private data of innocent individuals with no probable cause, and can take a citizen against his or her will and without due process (which that provision in the NDAA is again illegal and unconstitutional). In a country where even the Supreme Court regularly misappropriates the intent of congress in their review of laws they are asked to rule on the constitutionality of (see the Obamacare decision and specifically Chief Justice Roberts' opinion as an example) in order to support or deny in bald face the political goals and influence of the other branches. In a country where the 10th amendment is regularly ignored, where the second amendment is seen as a "guideline" and where the rest of the bill of rights is really only ever subjectively applied, again often based on the political aspirations of those involved. There's obviously more, so much more to point out, but I'll stop in the interest of brevity.
The bottom line is that yes, this is unfortunately a post-constitutional republic. We can fix that. By we I mean we the people. But before we do, people like you are going to really need to give a shit about the facts at hand. If you won't, then things will keep getting worse. The United States government and most local governments as well have gone far beyond the boundaries set for them by the constitution. They are going to continue in that direction until we say no with our vote and collective voices. You point to "legal precedent" and decisions by the Supreme Court that are clearly troublesome in terms of their reach and scope in redefining laws they are called to review, and sit there and act like it's all good. Well I'm saying it's not all good.
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