Political Ramblings

[hemet dennis]

Quote:
Well thank you for admitting that the Sheriffs were wrong to follow the Presidents order in the 1940's.
Does a soldier have the right to refuse an order that he thinks is unconstitutional ? Let me help you here. He not only has the right he has a duty to not follow that order. But somehow you think that a Sheriff must follow a law that he thinks is unconstitutional. You seem to be confused.

 

[mom'sfolly]

You want to deal with un-constitutional...go after the Patriot Act and the whole idea of "enemy combatant" and the exemptions from Amendments IV, V and VI. The Supreme Court has repeatedly ruled that there are limits on second amendment rights....but as far as I know the Patriot Act hasn't faced much constitutional scrutiny.

 

[hemet dennis]

Quote:
Why

 

[Capvin]

Why

I have three children and when any one of them would ask "Why" I would tell them that I do not answer "Why" questions. I am certain that it gave them the incentive to find things out for themselves and ultimately they each became very successful in school, college and life. Hopefully it is not too late for you, but I do not answer "Why" questions, especially questions where the answer should be obvious.

 

[hemet dennis]

Quote:
From your record here you never really answer any question.

 

[cravenchx]

The concept is that sheriffs can not interpret the constitution

so, help me out here? who does interpret the constitution?

 

[mom'sfolly]

Officially, it is the job of the Supreme Court and lesser courts to rule on the constitutionality of laws. Soldiers are expected to know what constitutes an unlawful order, which includes things like torture and treatment of prisoners. That being said, a soldier better be darn sure that s/he knows what they are doing when they resist an order. I think that part of swearing in for the military and many elected officials include supporting the Constitution.

You get into trouble when the local sheriff says that he believes that it is unconstitutional for black people to vote, or for people to wear pro-whatever t-shirts to the anti-whatever political rally. It gets tricky when the local sheriff realizes that people as hateful as Westboro Baptist Church has the same rights for assembly as do any other group. It also gets tricky when multiple jurisdictions have different ideas of what is constitutional. In the recent Affordable Care Act/ObamaCare court cases, different lower courts ruled various parts of the law both constitutional and un-constitutional. The final say comes from the Supreme Court. Once they have ruled, only another challenge can change the law.

There are entire legal specialties called "contitutional law".

 

[chickened]

I have but one question for Don. Is any of what Obama did stop the bad guy?...

 

[Capvin]

Dennis...you may be right that I don't answer many questions, BUT take a look at mom's answer and if you can find a better one, let me know.

 

[Matthew3590]

Bank of America has put a hold on all transactions related to firearms or ammunition.