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Old 02-07-2011, 12:53 PM
 
Location: Littleton, CO
20,892 posts, read 16,085,613 times
Reputation: 3954

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Quote:
Originally Posted by wjtwet View Post
So the birther bills will be unconstitutional
The Birther bills are unconstitutional. Yes.

But not because they conflict with Federal Statute.

Because they conflict directly with the Constitution itself.
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Old 02-07-2011, 12:55 PM
 
Location: Fort Worth Texas
12,481 posts, read 10,227,792 times
Reputation: 2536
Quote:
Originally Posted by HistorianDude View Post
The Birther bills are unconstitutional. Yes.

But not because they conflict with Federal Statute.

Because they conflict directly with the Constitution itself.
Thanks that was what i was thinking all along
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Old 02-07-2011, 03:38 PM
 
19,226 posts, read 15,328,875 times
Reputation: 2337
Quote:
Originally Posted by HistorianDude View Post
The Birther bills are unconstitutional. Yes.

But not because they conflict with Federal Statute.

Because they conflict directly with the Constitution itself.

You mean like the party-controlled ballot status control mechanisms in place in all 50 States?

The Constitution grants no power to political parties.

Their power comes from "politics".

Wanna play politics?

Last edited by ergohead; 02-07-2011 at 03:51 PM..
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Old 02-07-2011, 03:49 PM
 
1,777 posts, read 1,403,956 times
Reputation: 589
Quote:
Originally Posted by ergohead View Post
You mean like the party controlled ballot status control mechanisms in place in all 50 States?

The Constitution grants no power to political parties.

Their power comes from "politics".

Wanna play politics?
A state statute that explicitly states that it will not accept the legal records of another state will be unconstitutional on its face as a violation of the Full Faith and Credit Clause. To date almost every birther bill in each state runs afoul of the Constitution.
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Old 02-07-2011, 03:50 PM
 
Location: Littleton, CO
20,892 posts, read 16,085,613 times
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Quote:
Originally Posted by ergohead View Post
You mean like the party controlled ballot status control mechanisms in place in all 50 States?
No. I don't.
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Old 02-07-2011, 03:56 PM
 
19,226 posts, read 15,328,875 times
Reputation: 2337
Quote:
Originally Posted by bc42gb43 View Post
A state statute that explicitly states that it will not accept the legal records of another state will be unconstitutional on its face as a violation of the Full Faith and Credit Clause. To date almost every birther bill in each state runs afoul of the Constitution.
Well then, I guess Hawaii and others will just have to accept Montana's ballot status requirements on the Full Faith and Credit Clause.
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Old 02-07-2011, 03:59 PM
 
Location: Littleton, CO
20,892 posts, read 16,085,613 times
Reputation: 3954
Quote:
Originally Posted by ergohead View Post
Well then, I guess Hawaii and others will just have to accept Montana's ballot status requirements on the Full Faith and Credit Clause.
Hawaii won't give a damn about Montana's Birther Bill. It won't be Hawaii that gets it declared unconstitutional.
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Old 02-07-2011, 04:05 PM
 
1,777 posts, read 1,403,956 times
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Quote:
Originally Posted by ergohead View Post
Well then, I guess Hawaii and others will just have to accept Montana's ballot status requirements on the Full Faith and Credit Clause.
Nope, Montana will have their bill declared unconstitutional on its face before a federal district court.

Since you don't seem to understand what Full Faith and Credit means, let me briefly explain.

Quote:
Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the US and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken
A record of one state shall have the same credit in every court within the US. A state does not have to alter their acts of authentication of legal documents to meet the demands of another state. Hawaii's birth certificates are consistent with federal guidelines and are sufficient for all purposes, therefore the particular form of birth certificate the state of Hawaii provides is legally sufficient in any other state in the union. If Montana decides that it is not, a federal district court will correct them for violating the Constitution.
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Old 02-07-2011, 07:07 PM
 
19,226 posts, read 15,328,875 times
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Quote:
Originally Posted by HistorianDude View Post
Hawaii won't give a damn . .
Well, THERE'S a bad case of bad faith if'n I ever seen any!
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Old 02-07-2011, 07:11 PM
 
19,226 posts, read 15,328,875 times
Reputation: 2337
Quote:
Originally Posted by bc42gb43 View Post
Nope, Montana will have their bill declared unconstitutional on its face before a federal district court.

It'll hafta be tried on merit to determine its constitutionality.

No tellin' what might show up in the discovery process.


Good luck with your time-line Birth Control!
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