Re: USA Govt Cannot Stop Death

From: robert j. kolker (nowhere_at_nowhere.net)
Date: 03/26/05 

Date: Sat, 26 Mar 2005 14:35:23 -0500

Big Dog wrote:
>
> True enough. Is this adherence to a precise reading of the
> constitution a new idea of yours? I may be wrong, but I did not think
> that you were to be counted among those who had great devotion to the
> idea of limiting the individual branches of the federal government to
> those powers explicitly enumerated in the constitution. Though you
> now appear to so limit the Congress.

I have been for some time a Constitutional Literalist. The only time I
cut slack is in time of war, when our survival is at stake. The
Constitution is our primary law, but it is not a suicide pact with folly.

Bob Kolker

> Apparently you have not read the Constitution at all. See Article
> III, Section 2, wherein the supreme court operates, "under such
> Regulations as the Congress shall make." Both in Law and in Fact,
> incidentally.

You read that wrong. That insulates a law from appelate jurisdiction.
That provision, by the way, has rarely or ever been invoked.

It does not tell the judges what to decide in cases where they do have
jurisdiction. If you interpret the Constution that way, we may as well
equip our judges with rubber stamps or better still, do away with the
courts in toto.

If the congress gets "too funny" the courts will just empty the jails
with a writ of mandamus and their is nothing Congress can do about it.
Our founders constructed our government to be a three legged stool. It
would not bode well if Congress took over the role of judge, jury and
excutioner. That happened in England for a time, which is why Bills of
Attainder and Letter of Marque and Reprisal are strictly non-kosher.

Bob Kolker

Relevant Pages

  • Re: OT: Legit Question (I think)
    ... Why do *we* have to obey the law, ... doing to this country and the Constitution. ... There are limits to power too, ... Congress doesn't seem to think so. ...
    (alt.guitar.amps)
  • Re: undocumented aliens and tuition
    ... As we begin this new year, the Executive Branch of our government has been ... It is imperative that respect for the rule of law be restored. ... with us in demanding that our Constitution be defended and preserved. ... helped to convince Congress to enact restrictions on ...
    (alt.sports.baseball.bos-redsox)
  • Re: OT: Legit Question (I think)
    ... Why do *we* have to obey the law, ... if you're sharp you're probably ready to explain that the Constitution ... There are limits to power too, ... Congress is granted power to make law and individuals agree to abide ...
    (alt.guitar.amps)
  • Re: OT: US Supreme Court turns the clock back to 1215
    ... post on behalf of removing Habeas Corpus, ... article 52 of the 1969 Vienna Convention on the Law of Treaties, ... violated by both Congress and the Bush regime. ... powers" as originally conceived when the US Constitution was written. ...
    (rec.sport.tennis)
  • Re: Sandra Day OConnor on the upcoming US dictatorship
    ... <<The law is the property of the people, ... - the only one to appear in both the body of the Constitution and the ... trials to be pronounced "harmless" by judges ... ... And so the people reserved the function of determining criminal guilt ...
    (rec.martial-arts)