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So are you saying Any ruling that is not 9-0 should keep its current status, or that the challenge/affirmation should equal airing on the side of rights.
Gay marriage for example.
Are you saying, it not passing 9-0 should make it legal(greater freedom) , or that it would return it to state by state as it was before the ruling. ?
I'm saying that if it brought to the supreme court. The government has enacted legislation.
A person or group of people find unconstitutional.
If a lower court did not find it to be constitutional by unanimous decision, for government to do what the legislation says government can do to the person or people harmed. The legislation would be deemed unconstitutional on the grounds of the case for doubt. Things life & death, freedom & Liberty, should be without doubt.
If the lower court deemed it to be constitutional with a unanimous decision, then an appeal to the higher courts would be in order. To see if a unanimous decision can be argued there.
Liberty would always remain with the people, when in doubt.
Only unanimous rulings, should be considered Constitutional.
If there is any doubt from even one of the judges appointed, it should not be determined as constitutional, to maintain as much freedom for the people as possible.
Why stop at judges? Only politicians with 100% of the vote can serve.
Because politicians hardly ever research the legality of the law, much less know the constitutions of their states, much less the United States. Judges decide if the politicians are abiding by the peoples rules. Any doubt and it would unconstitutional.
It sounds like you don't like the Constitution....that seems to be quite common for people to only like the Constitution when it agrees with them. Funny to see one be all pro-2nd Amendment, yet be anti-rules of the Supreme Court.
Sounds like?.. I wasn't clear enough not to come to a concise conclusion?
The Bill of Rights secures freedom and liberty. Keeping government legislation from treading and breaking it, is now, not liking the Constitution. That is a stretch, but it went there.
Since you want to make it personal and about me, instead of what I said, the better conclusion would have been, It sounds like I don't like legislation, were there is doubt it is constitutional.
So - sodomy and inter-racial marriage would still be illegal, no Miranda rights, and we'd have tougher gun laws.
actually, with a 9-0 ruling, there would be almost no gun control, NFA34 and GCA68 would not exist, and there would be no such government agency as the batf. also, social security would not exist.
actually, with a 9-0 ruling, there would be almost no gun control, NFA34 and GCA68 would not exist, and there would be no such government agency as the batf. also, social security would not exist.
Ya, all that unconstitutional stuff would not exist.
My point precisely!
The crap they pull on us with 5/4 rulings, 6/3 rulings, 7/2 rulings and 8/1 rulings. would be liberty for the people
So - sodomy and inter-racial marriage would still be illegal, no Miranda rights, and we'd have tougher gun laws.
That might be true if.... It were the people making legislation against the government and the government got harmed and took it to the supreme court. But see... It doesn't work like that.
It is government that creates legislation, that harms people. It is the people that challenge legislation in the courts.
Those were not 9-0 rulings in the examples above. The government even trying to legislate it would make it unconstitutional, without a unanimous ruling saying government could legislate it.
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