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What is a Constitution Worth?

Discussion in 'Legal' started by RobW, Jul 22, 2003.

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  1. RobW

    RobW Member

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    The Nevada Constitution states that a tax rise has to be approved by a 2/3 majority. The Nevada "Supreme Court" overruled that and said a mere majority will be ok.

    Well, both, the politicians AND the "Supreme Court" judges took the oath to PROTECT the constitution.

    Can you imagine what happens with the RKBA with the "appropriate" politicians and judges in office?

    So, in reality a constitution is worth nothing, your vote doesn't count, we are already serfs!

    Why for god's sake are we thinking we are a free nation?

    Rant off!
     
  2. griz

    griz Member

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    I would have to see the wording of the decision to make a comment, but I do know that a state Constitution must abide by the US Constitution. Maybe that is the reason for the ruling?
     
  3. whoami

    whoami Member

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    ...kinda like in Jersey, where it's "the state law exemption to keep and bear arms"...
     
  4. Standing Wolf

    Standing Wolf Member in memoriam

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    An awful lot of judges seem to think constitutions, both state and federal, are nice documents that can be ignored at whim. They should be impeached.
     
  5. rrader

    rrader member

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    The case turned on a Court "conjured up" conflict between two provisions of the State's constitution; one which mandates that the State provide for the education of the resident minors; and another which mandates a two thirds majority for any tax increase. The Court ruled that the education provision overrides the tax provision. Essentially, the Court decided that it should determine the level of education spending in the State and not the Legislature. Democracy died on the day the Court handed down this decision unless impeachment is forthcoming.
     
  6. labgrade

    labgrade Member In Memoriam

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    " .... but I do know that a state Constitution must abide by the US Constitution."

    Not one bit of disrespect intended ----- but (you did know that was coming, no? :D )

    I just gotta tag this one ....

    Any constitution is worth as much paper as any of you are willing to defend it.

    Simple as that.

    It's a piece of paper with mere words written on it & is under severe attack from all fronts.

    Every one of you, right now, go do a search on the Constitution of the Untied States (hopefully, your search attempt will bring up the preamble to the Bill of Rights .... ), & then again, on your own states' Constitution.

    & then you tell me that 99% of anything these yahoos are doing is within these boundaries ( which first guarantees rights & more importantly restrictions on what any government may do. (read that last part again & again)

    Consititutions are set up to protect your liberties - nothing less.

    That they have not been defended is your fault, & mine.

    If The Consitution is worth as much as it is given, then the laws they make are as well.
     
  7. Desertdog

    Desertdog Member

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    Wasn't this taken to the Federal Court and a temporary injunction obtained which set aside the NSC ruling until it went to the a hearing in the Federal Court? I remember hearing that on a Las Vegas radio station.
     
  8. griz

    griz Member

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    Well Labgrade I can't get the quote feature to work but to address your point:

    I wasn't talking about how we defend or follow the US Constitution. I was only saying that the state constitutions must not conflict with the federal, even when the federal one changes. I suspect you already know this but here is an example in case I didn't explain it well. The amendment to the US constituion that gave women the right to vote would have nulified any state constituion that said only men had the right.

    Of course the whole thing is subject to interpatation by people in robes, and we are free to disagree with what they think. Maybe we could get an amendment that would allow a referendum to remove sitting judges, but I think that would approach the tyranny of the majority. As much as I think some of the decisions are wrong, the courts are part of the checks and balances that the constitution (US) sets up.
     
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