HUGE!! Trump to end birthright citizenship!!!

[SmarterthanYou]

The Militia Act of 1903 repealed the Militia Act of 1792.. It was never about every turd with a gun starting his own militia.

the right is not about the militia, it is about the people, fuckstick.

 

[SmarterthanYou]

At no time have you ever seen "we the people" change the meaning of the Constitution except through their elected representatives or the judicial system.

or jury nullification, like the trials of the bundy clan.

 

[Into the Night]

I now know what you may not have known I'd know.
- You are not a lawyer.
- You are not in the legal profession.

irrelevant.

I'm vastly too mature to bicker with you about it.

But those that have studied either the history or the legal theory of it you'll learn how pivotal Stare Decisis is to U.S. law.

The proof that SCOTUS interprets the law is that it has reversed ITSELF a number of times, in its interpretation of the law.

And while such rulings may not reword the Constitution (I never asserted otherwise) it certainly can and does change how the law is applied.

This is not some ancillary formality that scholars sweep under the rug. It's one of the primary duties this U.S.' highest court.

Art.3 Sect.2-1 explains it further.

Want an example of how SCOTUS changes the way our law is applied?

It's this COURT PRECEDENT ("stare decisis") that is the basis for the "Miranda warning" perhaps familiar to 60 year old criminals, and fans of 1960's era COP (TV) shows. "You have the right to remain silent ..." etc.

No matter how you try to justify it, the Supreme Court does not have authority to change or interpret the Constitution.

 

[Into the Night]

this is incorrect. at least half of it is. This is a country of free people with the legal right to judge both law and fact. WE THE PEOPLE wrote the constitution and WE THE PEOPLE are the final arbiters of what it means, not the courts, as they would have you believe.

Actually, it is we the people, through our States, who own the Constitution of the United States.

 

[kudzu]

moron. the founders feared that standing army which is why the government was prohibited from regulating firearms.

No they didn't.. Read the damned history of militias. The founding fathers were not idiots.. They didn't have a standing army because they were such a young country. Unregulated militias were unmanageable and undependable even when it came to public safety and mutual defense.

Firearms were essential in colonial America for many reasons other than fearing or fighting the government.

 

[SmarterthanYou]

Did Congress have the power to require states to expand Medicare and purchase insurance policies? If not, how is that policy changed? It is not a criminal issue and would never come before a jury for anybody to nullify.

no, they did not. the supreme court ignored the constitutional limits and allowed the federal government to usurp more power from the states.

 

[Into the Night]

Please concisely quote the alleged error, and then propose a correction. Thanks.

Oh! Wouldn't that be nice! In fact, the U.S. doesn't live up to this standard.

We have the legal right to sing Glory Hallelujah too. But such lyric is no more binding in law as such lay legal opinion is.

Are you deliberately alluding to the law court cliche' that the judge judges the law, and the jurors judge the facts?
In any case the opinions of private lay citizens is not binding in law, except when composing a jury finding (or perhaps in the voting booth).

Rather than distinguishing the two principles, you're churning them together.

Our law courts have a variety of functions, often dispute resolution. But our law courts also interpret both statute, and Constitutional law; and they do so by absolute necessity. Our system could not function properly without this ongoing interpretive function.

I thought your assertion was you're smarter than me. I see no obvious indication that you're either more intelligent, or better informed. Halloween's over. Try acting like a human.

No court has the authority to change or interpret the Constitution of the United States or of any State.

 

[SmarterthanYou]

Both were passed by Congress.. Do you know how that works?

congress has no power to override or ignore the constitution, much like trump can't override the 14th.

 

[Fentoine Lum]

Actually, it is we the people, through our States, who own the Constitution of the United States.

Nope, you sat on your ass and handed it all over lock, stock and barrel to concentrated corporate wealth and power.

 

[SmarterthanYou]

Clearly we got over that with our militarized police state and our global militarist occupational empire.

yeah, cowardly leftists demanded the people surrender to the government and tyrannical righties demanded the government oppress the people.

 

[SmarterthanYou]

But they have interpreted and sometimes changed the meaning of the Constitution since the beginning of the Republic in hundreds of cases. So what you claim they cannot do they have been doing over 200 years. Your theory would put no checks on the powers of the president or Congress.

and if the majority of you lefties and righties had the balls or didn't love your government enforcement agents, we could stand up to them..................but alas, you don't.

 

[Into the Night]

Nationality isn't inherited.. Citizenship is determined by jurisdiction. Do you think Mexican law has jurisdiction in the US? Like Trump, you have no grasp of the facts or the Constitution.. This will end in tragedy.

A visitor to the United States is not a U.S. citizen. Any children they may have while here are subject to the same jurisdiction as the mother, with the exception that Kennedy put into place by executive order.

The Constitution is not even involved. Learn what a 'fact' is. A 'fact' is not a Universal Truth.

 

[Into the Night]

Populists didn't write the constitution.. It simply wasn't written by the mob.

Neither was it ratified by the mob. It was ratified by the States.

 

[SmarterthanYou]

No they didn't.. Read the damned history of militias. The founding fathers were not idiots.. They didn't have a standing army because they were such a young country. Unregulated militias were unmanageable and undependable even when it came to public safety and mutual defense.

your history revisionism will not work. the founders experienced a heavy handed government who tried to take their arms to control the people. they were not going to allow the new central government to do that.

 

[Into the Night]

PS

It was written for the mob.

It wasn't written for the mob either.

 

[kudzu]

your history revisionism will not work. the founders experienced a heavy handed government who tried to take their arms to control the people. they were not going to allow the new central government to do that.

In England and Ireland and Holland?

You are unteachable.. and of course your buzzword is "revisionism".. Idiots.

 

[Into the Night]

No it wasn't. The founding fathers were white men of property.. That's why we have a representative democracy. The MOB had no input.

Welcome to your new paradox.

 

[SmarterthanYou]

In England and Ireland and Holland?

what the hell are you babbling about here?
what does that have to do with confiscation attempts in the american colonies?

 

[kudzu]

A visitor to the United States is not a U.S. citizen. Any children they may have while here are subject to the same jurisdiction as the mother, with the exception that Kennedy put into place by executive order.

The Constitution is not even involved. Learn what a 'fact' is. A 'fact' is not a Universal Truth.

EVERY visitor to the US is under US jurisdiction.. No foreign laws apply in the US.

You are stupid... Education failed you completely.

 

[Into the Night]

Bullshit! Even Judge Kavanaugh is bound by the Constitution in all of his decisions. He is not up there to help Donald Trump break the law or violate the Constitution.

Donald Duck Fuck is about a week from becoming the Donald Lame Duck! And he is about a month out from becoming Duck Soup! BLAHAHAHAHA!

What law is Trump breaking? He certainly is not violating anything in the Constitution.