2 questions....

Discussion in 'Legal' started by MacViolinist, Aug 13, 2004.

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  1. MacViolinist

    MacViolinist Member

    Dec 29, 2003
    The Lone Star State
    #1. I am in a discussion with someone who thinks that it is wrong/immoral for a person to challenge a law by breaking it and subsequently depending on a court to overturn the legislation. I am positive that there are many cases of this happening, but the only thing I can think of is the famous quote from Marbury v Madison "....A legislative act repugnant to the constitution is void."
    Of course, the definition of repugnant varies and must be defined. Anyway, I am sure that there are cases of people intentionally breaking the lawin the hope of the judiciary overturning legislative acts, I just don't know even how to search for such a thing. Any help would be much appreciated.

    My girlfriend and I want to spend a few years in Europe after we graduate. Let me rephrase that. She wants to, and I will have enough left over from student loans to fund it. I need to know 2 things, or at least, where I can find the answers.

    #2a Are there any European countries that are gun friendly (aside from Switzerland)?
    #2b How do I go about getting a job in a foreign country? (I do have marketable skills in the tech industry)

    Thanks in advance for all the help.
  2. tyme

    tyme Member

    Dec 19, 2002
    Does the civil rights era ring any bells?

    Even before then... Plessy v. Ferguson was a set-up; Plessy was 1/8 Black. If he or his associates hadn't tipped off the railroad management, there would have been no issue.

    Let's not forget the Revolutionary War, either. The revolutionaries weren't relying on courts to overturn the bad laws, but that makes the event more notable, not less.
  3. DMF

    DMF Member

    May 10, 2004
    Just remember individuals don't get to decide whether the law is "repugnant to the constitution" the courts will make that decision. If the individual breaks the law, and the courts uphold the law as Constitutional, the person has no other recourse to escape punishment, except the rare case of an executive pardon.
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