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Downtime 08-27-2020 10:00 AM

Quote:

Originally Posted by NE_Pilot (Post 3117323)
A lack of judicial review in the Supreme Court does not negate the Supreme Courts ability to settle disputes. These are not the same thing. The Supreme Court does not have the power to strike down laws, nowhere is it granted that authority.

Congress limits the Presidents ability to use force via its authority to declare war and its authority to raise or not raise taxes. Further, Congress has the authority to raise and provide for the army and the militia.


Sure it does. Say for instance congress pass a law that says they can detain indefinitely if you are declared a drug dealer as it is a threat to national security even if you are an American citizen. The courts have now ability to determine whether something constitutional and the president agrees. Now I can’t sue saying my constitutional rights are be violated because the courts can only settle the dispute based on the law as written. There fore indefinite jail it is.

Downtime 08-27-2020 10:05 AM

Quote:

Originally Posted by NE_Pilot (Post 3117328)
Agreed. Many people are not educated on how our government works, and how much power is left to the individual States and the individuals themselves.

You are correct. That said the feds have a considerable amount of influence and can leverage it. A clear message goes a long way. Or they can always nudge with the purse strings. Just like the drinking age of 21 is not a federal law all 50 states adopted it because it was either adopt it or no interstate money for you.

rickair7777 08-27-2020 10:11 AM

Quote:

Originally Posted by Downtime (Post 3117343)
You are correct. That said the feds have a considerable amount of influence and can leverage it. A clear message goes a long way. Or they can always nudge with the purse strings. Just like the drinking age of 21 is not a federal law all 50 states adopted it because it was either adopt it or no interstate money for you.


Yes the fed has acquired much power via it's ability to tax and redistribute revenues... with strings attached. States acquiesced along the way to keep their share of the tax pie.

NE_Pilot 08-27-2020 10:38 AM

Quote:

Originally Posted by Downtime (Post 3117340)
Sure it does. Say for instance congress pass a law that says they can detain indefinitely if you are declared a drug dealer as it is a threat to national security even if you are an American citizen. The courts have now ability to determine whether something constitutional and the president agrees. Now I can’t sue saying my constitutional rights are be violated because the courts can only settle the dispute based on the law as written. There fore indefinite jail it is.

Thats not how the system works. The Court does not have the authority to remove a law, they can, when you sue say that the law violates the Constitution and therefore you must be freed. They are ruling on the merits of the individual case as it pertains to the parties involved. There is a difference there. The Constitution is still the Supreme Law of the Land.

I am not arguing whether or not it is a good idea for the Supreme Court to have judicial review. I am simply stating that the Constitution does not grant that authority to the Court. It does not matter whether it is good or makes things better. The Court cannot grant itself powers under the Constitution. Many of the Constitutional overreaches by government are a direct result of the Court granting itself power.

When you allow the Court to usurp powers not granted to it, you move from a nation governed by laws to one governed by men.

galaxy flyer 08-27-2020 10:39 AM

Speaking on topic, UAL is moving some white collar jobs to India. Remote work might be a sign of the future, but it’ll be more remote than you might like.

https://twitter.com/winglets747/stat...121897474?s=21

NE_Pilot 08-27-2020 10:48 AM

Quote:

Originally Posted by Downtime (Post 3117343)
You are correct. That said the feds have a considerable amount of influence and can leverage it. A clear message goes a long way. Or they can always nudge with the purse strings. Just like the drinking age of 21 is not a federal law all 50 states adopted it because it was either adopt it or no interstate money for you.

Agreed. The States have been an active part of the enlargement of the Federal government. Even more so after the 16th Amendment created a new and larger revenue stream for the Fed, which the States could tap into, without directly taxing their own people.

Downtime 08-27-2020 11:05 AM

Quote:

Originally Posted by NE_Pilot (Post 3117370)
Thats not how the system works. The Court does not have the authority to remove a law, they can, when you sue say that the law violates the Constitution and therefore you must be freed. They are ruling on the merits of the individual case as it pertains to the parties involved. There is a difference there. The Constitution is still the Supreme Law of the Land.

I am not arguing whether or not it is a good idea for the Supreme Court to have judicial review. I am simply stating that the Constitution does not grant that authority to the Court. It does not matter whether it is good or makes things better. The Court cannot grant itself powers under the Constitution. Many of the Constitutional overreaches by government are a direct result of the Court granting itself power.

When you allow the Court to usurp powers not granted to it, you move from a nation governed by laws to one governed by men.

Again when the SCOTUS says something is unconstitutional truthfully they only said in that case. The reason it is said that a law is struck down in now that they have ruled on it the lower courts are obligated to rule the same way. So in my example the law saying drug dealers can be held without trail stands but is effectively invalidated because if another agency tries it they will lose too. So it becomes a waste of time and money.

SonicFlyer 08-27-2020 01:08 PM

Quote:

Originally Posted by Downtime (Post 3117279)
Its granted by the fact that they have original jurisdiction over disputes involving the federal government. So if you say XYZ law is unconstitutional and sue the feds someone has to settle it. That’s the courts. It’s been how things have operated since 1806. 214 years of precedent.

No on is disputing this. But one doesn't need to "interpret" the Constitution in order to decide if an action fits within it. The document means exactly what it meant at the time it was written down.

JamesNoBrakes 08-27-2020 01:13 PM

Quote:

Originally Posted by SonicFlyer (Post 3117475)
No on is disputing this. But one doesn't need to "interpret" the Constitution in order to decide if an action fits within it. The document means exactly what it meant at the time it was written down.

So only militias can own muskets then?

Seneca Pilot 08-27-2020 01:19 PM

Quote:

Originally Posted by JamesNoBrakes (Post 3117478)
So only militias can own muskets then?

A well regulated (well trained in the language of the day) militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Where is there any mention of muskets and where is there any language in that simple and elegant passage restricting ownership to militia members?


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