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Old 12-15-2012, 07:41 AM
 
Location: The Republic of Texas
78,866 posts, read 46,327,178 times
Reputation: 18520

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It has been done over and over with little challenge.
Now precedence has been set, we are all doomed to be subjects of the State.
The day precedence law was established, so judges could change laws from the bench, was the day we as US citizens allowed the ruling classes to have power over the peasants.

Constitutional law is extinct in today's courtroom.

Lets look at all the altering of the bill of rights.

Our 1st amendment has restrictions now and they are trying to restrict it more(the video narrative about Benghazi)
Our 2nd amendment has the most restrictions placed on it. The list is long, what they have done to unarm the public, so less firepower is available to the public, than to the rulers.
Our 4th amendment just recently got torn apart as did the 5th amendment.
Then the 10th and final amendment in the original Constitution... the founding. The bill of rights. It has been altered so that the government has all the control and We The People, none.

The Fox lives in the hen house.

Our soil will never be attacked by another nation in a full on assault... NEVER!

It will and is constantly under attack, by the ruling class.
Went will the point in time happen, that free people, have liberty once again?

Last edited by BentBow; 12-15-2012 at 07:49 AM..
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Old 12-15-2012, 07:47 AM
 
Location: The Triad
34,091 posts, read 82,455,924 times
Reputation: 43647
Quote:
Originally Posted by BentBow View Post
Altering our US Constitution, without amendments...

It has been done over and over with little challenge.
Constitutional law is extinct in today's courtroom.
Can they use this to do something about the first sentence in the first section of the 14th?
That would be cool
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Old 12-15-2012, 07:49 AM
 
Location: New Hampshire
4,865 posts, read 5,654,425 times
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Quote:
Originally Posted by MrRational View Post
Can they use this to do something about the first sentence in the first section of the 14th?
That would be cool
I wish.
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Old 12-15-2012, 07:51 AM
 
Location: The Republic of Texas
78,866 posts, read 46,327,178 times
Reputation: 18520
Quote:
Originally Posted by MrRational View Post
Can they use this to do something about the first sentence in the first section of the 14th?
That would be cool

Hey, after the Bill of Rights, it is a free for all!
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Old 12-15-2012, 07:54 AM
 
Location: No Mask For Me This Time, Either
5,635 posts, read 5,049,584 times
Reputation: 6040
Decay usually takes place from within.
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Old 12-15-2012, 08:33 AM
 
Location: The Triad
34,091 posts, read 82,455,924 times
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Quote:
Originally Posted by BentBow View Post
Hey, after the Bill of Rights, it is a free for all!
Then why didn't Saint Ronnie do this on the last Amnesty go 'round?
Some piece are missing from your argument.
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Old 12-15-2012, 10:09 AM
 
4,684 posts, read 4,551,659 times
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Another ConLaw scholar! Truly amazing that there are so many at CD, and most gratifying that they are all so public-spirited as to share their expertise here with us, rather than teaching to classes and writing erudite papers. Most generous, Prof. Bentbow.

Quote:
Originally Posted by BentBow View Post
Now precedence has been set, we are all doomed to be subjects of the State.
Precedent (sic), in the common-law sense, has nothing to do with the citizen's subjection to the state, which existed de novo and therefore logically cannot be affected by precedent.

"Precedence" has even less to do with the legal relationship of the citizen to the state, since it refers to priority in an order or sequence, such as for instance priority to honours or privileges established by social etiquette or a formal "Order of Precedence".

What you are actually complaining about is neither the common-law concept of precedent nor "precedence", but judicial review.

It is true that Marbury v. Madison, the 1803 suit before the United States Supreme Court which set a precedent establishing judicial review (note the distinction) as constitutional doctrine, was a terrible mishap for the American structure of government, undermining the sovereign expression of the national will through the legislature. It is one of the chief points where the American constitution departed from the principle of the unified sovereignty of crown-in-parliament which should have been our birthright, and which would have bequeathed to us a properly functioning democracy. However, that point has little or nothing to do with the relationship of the subject to the state, which is apparently your primary concern.
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Old 12-15-2012, 10:21 AM
 
4,130 posts, read 4,444,649 times
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"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke

The longer we do nothing about this, the worse it is going to get and the harder it is going to be to fix it.
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Old 12-15-2012, 10:34 AM
 
4,684 posts, read 4,551,659 times
Reputation: 1588
Quote:
Originally Posted by EmeraldCityWanderer View Post
"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke

The longer we do nothing about this, the worse it is going to get and the harder it is going to be to fix it.

What do you suggest we do about the inaction of good men?
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Old 12-15-2012, 11:48 AM
 
3,740 posts, read 3,055,244 times
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Quote:
Originally Posted by MrRational View Post
Can they use this to do something about the first sentence in the first section of the 14th?
That would be cool
Yes, I remembver once, not long ago, on Mark Levine's show when a case was before a judge that involved a very simple constitutional issue, and the judge said he looked high and low for a court case that spoke to the issue, and having found none, was "lost". Levine opined, that he needs no previous court case, he should just go the source (the Constituion), and just give it a simple and basic reading, without contortion or distortion, and apply that meaning to the case.

For example, the Founders said that "the right of the people to keep and bear arms shall not be infringed".

How simple, how clear-cut is that. Do people not know what a "right" is, or "the people" or "infringed". Note, *******s, the most protective term of all "infringed" vs abridged used in the 2nd amendment. Even the very edges of this right are sacred and not to be touched.

Nowadays to the ruling elite, and especially DemocRATS, the Constitution says just one simpje thing:

The Federal Goverment has universal and omnipotent power to do anything and everything it wants to do without regards to any previous understanding of federal power limitations, or the expressed statements of the Founders of what the Constitution means.

Furthermore, the several States are just tools to carry out the dictates of the Federal Government

Furthermore, the people are no longer Citizens, but Subjects
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