It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Originally posted by beezzer
I would have to agree.
SF For providing this. I wonder though, how many democrats will go along with it. Especially the ones who were against the Iraq/Afghanistan wars?
Originally posted by TKDRL
reply to post by AwareOfSurroundings
The "rebels" wanted a nofly zone, because the libyan government has some warplanes, and they do not. So the world felt the need to "even the playing field" through a nofly zone.
Originally posted by incrediblelousminds
While I don't really doubt proto's sincerity in the matter, I AM skeptical of the intentions of the congressmen who introduced this bill.
Originally posted by ProtoplasmicTraveler
I am sure the people fighting to end foreign occupation in Iraq and Afghanistan who don't have airplanes either would appreciate a 'no fly zone'.
Maybe we can stop ourselves from conducting unfair wars to 'even the playing field'.
Originally posted by ProtoplasmicTraveler
Originally posted by incrediblelousminds
While I don't really doubt proto's sincerity in the matter, I AM skeptical of the intentions of the congressmen who introduced this bill.
The Constitution is the Constitution regardless of the reason someone chooses to uphold it and adhere to it.
Do I wait at a cross walk for the sign to say walk because I like to abide by the law, or do I do it so I don't get run over by on coming trafic?
The end result is the same.
....That's the Bedrock on which the government is able to exist, and if the government is not up to the task of it's most primary and basic function then clearly the American people need to take matters in their own hands......
While 18 of the 50 United States offer their citizens an opportunity to recall their elected officials, it is a fact that in our nation’s history, no federal legislator has yet been recalled.
It has not been for lack of interest. Rather, the process has languished in part due to debates on whether or not legal authority exists for recall of U.S. Senators and Congressmen; and, in the case of Idaho, interference by a state court prevented recall of a federal legislator....
After reviewing the body of law and opinion concerning recall, it is apparent that if recall of federal legislators is to succeed, it will likely only be after an intense battle in the federal court system as to the degree to which the courts will go to allow the literal meaning of the Tenth Amendment to be in force and effect.
As this author reads this language, it appears clear that " the States ‘ and " the people " living with in them, should be recognized to have the right of recall.
But in order to implement a strategy that will enable recall petitions to result in actual removal of errant Senators and Congressmen, considerable legal and political obstacles will present themselves and can only be overcome by understanding the lengths to which those opposed to recall can be expected to go...
Eighteen states have recall provisions. Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington, and Wisconsin all have recall of some kind available to their voters. Only seven of these states require any grounds.
www.uscitizensassociation.com...
You may or may not think that Ghaddafi is a bad man, or that the protesters who are now rebels only because they fought back when their marches were bombed by their leader somehow don't deserve to be supported for wanting to oust a dictator....
It's an elastic, dynamic take on the law that allows the US, in its post-drafting Constitutional status, to make adjustments to laws that fall into the gray areas.....
"This constitution, shall be the Supreme Law of the Land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding." U.S. Constitution, Article VI, paragraph 2
The Supreme Court has ruled that:
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
www.constitution.org...
"This [Supreme] Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty." - Reid v. Covert, October 1956, 354 U.S. 1, at pg 17.
The Reid Court (U.S. Supreme Court) held in their Opinion that,
"... No agreement with a foreign nation can confer power on the Congress, or any other branch of government, which is free from the restraints of the Constitution. Article VI, the Supremacy clause of the Constitution declares, "This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land...’
"There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution nor is there anything in the debates which accompanied the drafting and ratification which even suggest such a result...
"It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights – let alone alien to our entire constitutional history and tradition – to construe Article VI as permitting the United States to exercise power UNDER an international agreement, without observing constitutional prohibitions. (See: Elliot’s Debates 1836 ed. – pgs 500-519).
"In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the Executive or by the Executive and Senate combined."
www.sweetliberty.org...
State v. Murphy, 148 S.W.2d 527 (MO. 1941). A writ of quo warranto is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine his right."
"It is also true that it will lie against a county officer who has been legally elected but has forfeited his office by misconduct."
"The officer who violates his oath of office by corruption, willful misconduct or neglect of official duty automatically loses the right to office and becomes a mere interloper.
"
"In either case the judgment in quo warranto does not try the question of forfeiture. It merely recognizes judicially fait accompli and ousts the wrongdoer from enjoying the privileges of a franchise which he has cased to possess."
"...where the officer steps entirely outside the scope of his authority to exercise a function which neither the constitution nor the statue has entrusted to him, the remedy by quo warranto is available."
www.constitution.org...
Originally posted by Exuberant1
Oh congress. You so silly.
Those aren't 'strikes' they are 'kinetic military acts' so yeah, this bill won't stop anything.
Obama is the president of this democracy and nothing in the constitution prohibits kinetic military acts.
Hunka is totally right.
edit on 30-3-2011 by Exuberant1 because: drinking coolaid again