Posted by manualblock [ 69.112.43.172 ] on November 01, 2005 at 20:51:20:
In Reply to: Re: Still no coherent explanation of what legislating from the bench means posted by Bob Brines on November 01, 2005 at 16:52:28:
I'll take a chance and assume you are serious; even though I can feel the burn coming. You must explain how you mean war of Northern Aggression; is that a purposefull device to expose a fundamental flaw in court application? The basic tenet of states rights and federal rights establishes a balance.
You wouldn't execute someone for a class a misdemeanor in one state and serve a probation in another.
In the right to die intervention you must decide if there is an inherent right of privacy which I believe there is expressed in the Constitution.
If so then the states sacrifice jurisdiction in order to serve the hierarchical scale of Justice inherent in our system.
Concerning the rights and duties of citizens the states cannot abrogate those.
Sec 2 Article 9" The Citizens of Each State shall be entitled to all priviledges and immunities of Citizens in the several states."
What does that say about Abortion?
Amendment 9" The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."
Privacy.
You are a person who travels from state to state; how is it fair that you become legally liable by virtue of crossing an imaginary line called a border within your own country; a lawbreaker by location.
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