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  • #211
    Yes... because I had no idea what People v. Staples was . Staples v. US I do .

    Findlaw is a site that has SCOTUS decisions (and not much else). www.findlaw.com . I tried to find People v. Staples there to no avail, but then I remembered Staples v. US.

    I try not to use Westlaw for arguments, because it creates too much reading for me . School is over for the summer for me, I don't need more legal reading under August
    “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
    - John 13:34-35 (NRSV)

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    • #212
      Originally posted by Imran Siddiqui
      I try not to use Westlaw for arguments, because it creates too much reading for me . School is over for the summer for me, I don't need more legal reading under August
      Ah, a law student?
      - "A picture may be worth a thousand words, but it still ain't a part number." - Ron Reynolds
      - I went to Zanarkand, and all I got was this lousy aeon!
      - "... over 10 members raised complaints about you... and jerk was one of the nicer things they called you" - Ming

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      • #213
        I love the smell of a state immunity debate in the morning. Just to correct some errors:

        chegitz guevara:

        "The Constitution has never even been ratified by the people of the US. IIRC, we're the only Constitutional government in the developed world to have that honor."

        Not at all. The German constitution was ratified by 11 of the 12 states. The Austrian constitution was adopted by the constituting assembly. Japan and UK. Not sure what the dutch did with the last full revision.

        Imran:

        "The US federal branch is an outlier in the world. In no other country is the federal government so restricted."

        If you mean by the constitutional text, it's debatable. If you mean in constitutional practice, not at all.

        "He doesn't look at the text, but more to the intent behind the words. That is what Natural Law is about, right? I've never heard Natural Law and Textualism co-exist peacefully before."

        Huh? Intent (be it historical, be it telos in text) is a general method of interpretation that per se has nothing to do with natural law. The two can only coincide if the historical legislator sought to implement natural law (to some extent your constitution, or our civil code). The actual 180 degree opposite to natural law thinking would be positivism.
        “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

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        • #214
          And when I'm at it, can someone answer my parade permit question?
          “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

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          • #215
            "The US federal branch is an outlier in the world. In no other country is the federal government so restricted."

            If you mean by the constitutional text, it's debatable. If you mean in constitutional practice, not at all.
            Ain't that the truth, we have a bureaucracy that even the former Soviet Union would envy.

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            • #216
              Berz: Europe has us beat hands down when it comes to bureaucracy.
              I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
              For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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              • #217
                Doesn't Japan have the best?
                I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
                - Justice Brett Kavanaugh

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                • #218
                  Originally posted by DinoDoc
                  Berz: Europe has us beat hands down when it comes to bureaucracy.
                  If we include central, state/regional and local, I very much doubt that.
                  “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

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                  • #219
                    Originally posted by HershOstropoler
                    And when I'm at it, can someone answer my parade permit question?
                    HO, I thought we did answer it. In order to be constitutional a permit ordinance has to have defined criteria for granting or denying the permit. The criteria must not allow the clerk to grant, deny or vary a fee based upon the content of any demonstration.

                    This means that if the applicant fulfills the requirements of the criteria, the clerk must grant the permit.
                    http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en

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                    • #220
                      Originally posted by HershOstropoler
                      If we include central, state/regional and local, I very much doubt that.
                      The current threadjack is about the central government. Sorry.
                      I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                      For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

                      Comment

                      • #221
                        No Ned, the crucial question is not whether the permit has to be granted, but what happens if it is NOT granted.

                        That's the difference between a concession and a notification system, and we consider the former to be the hallmark of the police state, the latter that of a democracy.
                        “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

                        Comment

                        • #222
                          Originally posted by DinoDoc
                          The current threadjack is about the central government. Sorry.
                          But we're hopping to another, are we not?

                          Anyway, simply including your federal tax law and the IRS should make yours worse.
                          “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

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                          • #223
                            Originally posted by HershOstropoler
                            But we're hopping to another, are we not?
                            Who can keep up?

                            PS Why does Austria still have a Navy? That seems like a monsterous case of bureaucratic inertia.
                            I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                            For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

                            Comment

                            • #224
                              "Why does Austria still have a Navy?"



                              You should rather ask, why do we still have Hofräte.
                              “Now we declare… that the law-making power or the first and real effective source of law is the people or the body of citizens or the prevailing part of the people according to its election or its will expressed in general convention by vote, commanding or deciding that something be done or omitted in regard to human civil acts under penalty or temporal punishment….” (Marsilius of Padua, „Defensor Pacis“, AD 1324)

                              Comment

                              • #225
                                HO, if the permit request fulfills all the criteria and the clerk does not grant the permit,there are two potential course of action. The first would be an administrative appeal within the local government. Once those remedies, if any, were exhausted, the second would be an appeal the form in action in court for a writ of mandamus requesting that the court order the clerk to fulfill his ministerial duties.
                                http://tools.wikimedia.de/~gmaxwell/jorbis/JOrbisPlayer.php?path=John+Williams+The+Imperial+M arch+from+The+Empire+Strikes+Back.ogg&wiki=en

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