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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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Dr Spin, the absence of a judicial decision does not make a law Constitutional or unconstitutional - the fact of whether or not a law IS Const or unconst is what makes it so.
And granted, not all law is laid out in the Constitution - the Constitution is meant to be a check on federal powers, and since prisons are primarily state facilities, of course it would not devote much space to them in the Constitution.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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quote: You don't think the fact that they declared war on us gave us a legitimate quarrel with them.
P.S. How is the US refusing to finance someone else's war of agression something worth of criticism? I'll grant you that it gave Japan reason to be mad at us but I fail to see why you have a problem with it. |
Before Hitler stupidly declared war, we had no legitimate quarrel with Nazi Germany, and if he had NOT declared war, we would NOT have had any quarrel with them. Furthermore, we had committed acts of war against Germany to begin with, not the other way around.
And there is a difference between financing someone's war, and refusing to allow American (or other nations') companies to engage in legitimate trade with that nation.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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GP you're still not addressing my point that we had no legitimate quarrel with Germany other than the declaration of war, which we brought on ourselves by being the aggressors. Sorta like saying Germany had a grievance against Poland because Poland declared war on Germany following German attacks on Poland.
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Dr Spin
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quote: the fact of whether or not a law IS Const or unconst is what makes it so. |
And how would you propose to decide that without a judge? We've DEFINED constitutionality based on whatever the judges are saying right now. Otherwise what's your source? Stone tablets?
quote: Sorry I don't have a study on millionare sons. Certainly you could come up with examples of politicians who had sons die in Viet Nam. Or millionaires. Or movie stars. |
I can come up with almost anything. It won't be factual though.
Of course, I was being a wise-ass. But you knew that.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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GP, I'm saying that Germany had a legitimate causus beli against the US, because of some of the actions of the US against Germany, while the US had none against Germany.
Dr, some laws are or would be CLEARLY unconstitutional, such as a law saying I DON'T have freedom of speech, no matter what a judge says.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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How was it right for the US to attack German U-Boats, ship war materials to Britain and Russia, or escort British convoys into war zones?
I never said Germany was RIGHT to declare war on the US, only that they had a reason to, that the US lacked.
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Dr Spin
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quote: Dr, some laws are or would be CLEARLY unconstitutional, such as a law saying I DON'T have freedom of speech, no matter what a judge says. |
There are several confounders. Define 'freedom of speech'. We've pulled libel and slander from the mix. They're not protected. Someday, a judge may decide the anti-slander laws are unconstitutional... but not today.
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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Stop being unnecessarily obtuse. You are entirely missing the point, which is a law is Constitutional or unconstitutional on the basis of the law itself, not on the basis of what a judge says - sure, the judge is the arbiter of the Constitutionality, but judges make mistakes, and there is only one correct interpretation of the Constitution.
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Dr Spin
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quote: Anyway, not sure if you read my earlier congrats for becoming an Intel weenie. Congrats. |
Thanks. They decided I was too old to go back SW. Intel was my last choice... I almost would have preferred CE.
quote: but judges make mistakes, and there is only one correct interpretation of the Constitution. |
And whose might that be? Yours? Jesus'?
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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Dr, not necessarily mine, although I think I have it more nearly nailed than most others. Personal opinion though, so don't flame me for it.
GP, Germany was wrong to declare war in that it was strategically stupid, and the situation should have been resolved through negotiation, although I do not find it morally reprehensible for them to declare war on a nation which was basically attacking them without declaring war.
And of course they declared war first - Congress and the American people didn't WANT war with Germany. So to get around the Constitution FDR simply ordered the Navy to escort Allied convoys and sink German U-Boats, and allowed war materials to be shipped to a belligerent nation without trading equally with all nations.
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Dr Spin
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quote: Still got the sailboat? |
Ya. I refuse to close her for the winter. Yesterday was in the 60's. Come up to New York sometime, I'll take you around the south shore of LI.
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Dr Spin
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quote: Dr, not necessarily mine, although I think I have it more nearly nailed than most others. Personal opinion though, so don't flame me for it. |
Not trying to 'flame', I'm legitimately curious. Why do you think there is some etherial 'correct' interpretation out there?
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David Floyd
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The bottom of a large bottle of beer
Jan 1970 time: 05:16
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GP, we aren't talking about Germany vs. Poland, or France, or Britain, or Russia - those are irrelevant to the point. They had nothing to do with war between Germany and the US. War between Germany and Britain did not, and should not have, automatically involved the US or made Germany culpable for war with the US. That is preposterous.
And regarding trade, Lend-Lease had nothing to do with trade. Everyone involved knew damn well it was the US giving tanks, planes, materials, etc., to Russia and Britain. It was simply the US being the "Arsenal for Democracy" and finding a way to wage war when Congress and the American people didn't want to declare war.
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All times are GMT. The time now is 05:16. Apolyton Time is 00:16. |
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