And about 1/3 of the legislature of the sued state...
Texas Lawsuit
- Jered
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Re: Texas Lawsuit
The avalanche has already started. It is too late for the pebbles to vote.
- Windy Wilson
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Re: Texas Lawsuit
I still wonder just what it means for the Federal Government to have promised to guarantee to every state a republican form of government. If it doesn't apply to the federal rules, laws and Constitutional provisions every state has to follow, that in some articulable way injures another state even if it cannot be a quantified damage, then I don't know what it could apply to or what it means. As the lawyers here will affirm, it is a principle of statutory construction that the statute should be interpreted so that every part has meaning. This means that Article IV Section 4 must mean something.
Of course, if the Supreme Court can avoid work by claiming something is a non-justiciable Political Question, it will, and I could smell that decision over the TV.
Of course, if the Supreme Court can avoid work by claiming something is a non-justiciable Political Question, it will, and I could smell that decision over the TV.
The use of the word "but" usually indicates that everything preceding it in a sentence is a lie.
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
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Re: Texas Lawsuit
yup. What he said.Windy Wilson wrote: ↑Thu Dec 17, 2020 4:37 pm I still wonder just what it means for the Federal Government to have promised to guarantee to every state a republican form of government. If it doesn't apply to the federal rules, laws and Constitutional provisions every state has to follow, that in some articulable way injures another state even if it cannot be a quantified damage, then I don't know what it could apply to or what it means. As the lawyers here will affirm, it is a principle of statutory construction that the statute should be interpreted so that every part has meaning. This means that Article IV Section 4 must mean something.
Of course, if the Supreme Court can avoid work by claiming something is a non-justiciable Political Question, it will, and I could smell that decision over the TV.
Not just from the Scotus Dance around the issue, but Bitch McConnell, the Red RINO tide... we are the turd circling towards the toilet's event horizon. The real question is how long does it take to broach the final funnel. Some of us may live another day as the skid smear on the porcelain. Some of us may be the fiber rich portions that require a second flush. Others of us might be the dense peanut crunch laced portion that goes down first.
But we are there and you can tell by the smell. I guess I have the most contempt for those like Mittens and Roberts who are so desperate to be the fiber loggets. Like they don't know the second flush gets the remainders.
"Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
My little part of the blogosphere. http://blogletitburn.wordpress.com/
My little part of the blogosphere. http://blogletitburn.wordpress.com/
- Windy Wilson
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Re: Texas Lawsuit
Reading "Profiles in Corruption", you find that McConnell is as corrupted by the Chinese as the Bidens are.
Last edited by Windy Wilson on Mon Jan 04, 2021 1:59 am, edited 1 time in total.
The use of the word "but" usually indicates that everything preceding it in a sentence is a lie.
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
- blackeagle603
- Posts: 9783
- Joined: Tue Aug 19, 2008 4:13 am
Re: Texas Lawsuit
apropos of this thread:
By: Mike Maharrey|Published on: Jan 8, 2016
RTWT
America Embraces the Tyranny its Founders Fought to RejectIn 1776, the British Parliament acted with absolute sovereign authority. Today, the federal government rules with that same kind of unlimited power. The federal government determines the extent of its own authority through the Supreme Court. Any limits on Congress or the president are merely theoretical, constrained only by the whims of five out of nine politically connected lawyers. Every opinion of the Supreme Court becomes “part of the fabric of the Constitution.”
By: Mike Maharrey|Published on: Jan 8, 2016
RTWT
"The Guncounter: More fun than a barrel of tattooed knife-fighting chain-smoking monkey butlers with drinking problems and excessive gambling debts!"
"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic;" Justice Story
"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic;" Justice Story
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Re: Texas Lawsuit
I remember reading about some Iranian Guard tankers that were having a fun time , they were hanging out of their hatches, laughing , when an M1A popped over a dune and they screamed in fear just before the American tank vaporized them. Kind of think something similar will happen to the American Commies.
- MiddleAgedKen
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Re: Texas Lawsuit
Good article, blackeagle603. Need to do some reading at Tenth Amendment Center. I once had a lawyer (I think it was Bill Quick's coblogger, if you remember Bill Quick) type with a straight face that Madison never intended that the Ninth Amendment actually mean anything.
Shop at Traitor Joe's: Just 10% to the Big Guy gets you the whole store and everything in it!
- Jered
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Re: Texas Lawsuit
I love using the 9th Amendment on gun banners that think that the 2nd Amendment only allows the state to have a militia.MiddleAgedKen wrote: ↑Wed Dec 23, 2020 5:17 pm Good article, blackeagle603. Need to do some reading at Tenth Amendment Center. I once had a lawyer (I think it was Bill Quick's coblogger, if you remember Bill Quick) type with a straight face that Madison never intended that the Ninth Amendment actually mean anything.
It means that even if they're right, they're still wrong.
The avalanche has already started. It is too late for the pebbles to vote.
- Windy Wilson
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- Joined: Tue Aug 19, 2008 5:32 am
Re: Texas Lawsuit
A Lawyer should know the rules of statutory construction. Who is his client that he says such laughable things to support?MiddleAgedKen wrote: ↑Wed Dec 23, 2020 5:17 pm Good article, blackeagle603. Need to do some reading at Tenth Amendment Center. I once had a lawyer (I think it was Bill Quick's coblogger, if you remember Bill Quick) type with a straight face that Madison never intended that the Ninth Amendment actually mean anything.
He'd raise hell if some clause in his Mortgage contract were read out of existence so glibly as he does with the Ninth Amendment. Nowadays, with the Feds having slipped the collar so long ago, I can see him surrendering so easily, but to claim that Madison or any other founder/framer expected it to mean nothing? Did he sleep through Con Law? Was his professor so mendacious as to use Laurence Tribe's casebook without a second thought?
The use of the word "but" usually indicates that everything preceding it in a sentence is a lie.
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
- MiddleAgedKen
- Posts: 2873
- Joined: Mon Aug 18, 2008 8:11 pm
- Location: Flyover Country
Re: Texas Lawsuit
Based on things I've heard anecdotally from lawyers and law students I've known, probably Tribe. I suspect it's common.Windy Wilson wrote: ↑Mon Jan 04, 2021 2:06 amA Lawyer should know the rules of statutory construction. Who is his client that he says such laughable things to support?
He'd raise hell if some clause in his Mortgage contract were read out of existence so glibly as he does with the Ninth Amendment. Nowadays, with the Feds having slipped the collar so long ago, I can see him surrendering so easily, but to claim that Madison or any other founder/framer expected it to mean nothing? Did he sleep through Con Law? Was his professor so mendacious as to use Laurence Tribe's casebook without a second thought?
Shop at Traitor Joe's: Just 10% to the Big Guy gets you the whole store and everything in it!