wrote:
wjyoung <wjyoung@nospam.net> wrote:
:|Thomas Jefferson, ghost-writing the so-called Kentucky Resolutions,
:|recognized that the First Amendment restricts only the lawmaking power
:|of Congress, and that the States possessed the power to do all of the
:|things the First prohibited Congress from doing.
Ho hum.
Where in the Constitution do we find the Kentucky Resolutions?
Where in the Constitution do we find Jefferson's "wall of separation,"
or his "separation between chuch and state"? I've been telling you
until I'm blue in the face that your corrupt Everson Justice friends
misrepresented Jefferson when they hid behind his coat tails to help
justify their treasonous interpretation of the establishment clause in
the Everson opinion. Note Jefferson's words at the bottom of this
paragraph in which the Justices wrote their "new and improved" but
*unconstitutional* interpretation of the establishment clause.
"The 'establishment of religion' clause of the First Amendment means at
least this: Neither a state nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all
religions, or prefer one religion over another. Neither can force nor
influence a person to go to or to remain away from church against his
will or force him to profess a belief or disbelief in any religion. No
person can be punished for entertain- [330 U.S. 1, 16] ing or
professing religious beliefs or disbeliefs, for church attendance or
non-attendance. No tax in any amount, large or small, can be levied to
support any religious activities or institutions, whatever they may be
called, or whatever from they may adopt to teach or practice religion.
Neither a state nor the Federal Government can, openly or secretly,
participate in the affairs of any religious organizations or groups and
vice versa. In the words of Jefferson, the clause against establishment
of religion by law was intended to erect 'a wall of separation between
Church and State.' Reynolds v. United States, supra, 98 U.S. at page
164." --Everson v. Board of Education of Ewing TP. 1947.
BTW, did you know that there was a time that South Carolina was offering
the Kentucky Resolutions as proof for states rights and the right to leave
the union and James Madison shot that idea down.
My, how interesting. :^O
You might want to study this though I doubt you will
Article VI. - The United States
All Debts contracted and Engagements entered into, before the Adoption of
this Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made =
in
Pursuance thereof; and all Treaties made, or which shall be made, under t=
he
Authority of the United States, shall be the supreme Law of the Land; and
the Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial Officers, both
of the United States and of the several States, shall be bound by Oath or
Affirmation, to support this Constitution; but no religious Test shall ev=
er
be required as a Qualification to any Office or public Trust under the
United States.
..=2E.and your point?
*************************************************************************=
***
1) Type of Primary Authority
(2) When and Where Mandatory
(3)When and Where Persuasive
___________________________________________________________ _____________
(1) U.S. Constitution
(2) Always mandatory on all federal and state courts (and Local courts)
(3) N/A
____________________________________________________________
(1) U.S. Supreme Court decision interpreting and applying federal law
(2) Always mandatory on all federal and state courts (and local courts)
(3)N/A
___________________________________________________________
(1) Federal statute*
(2) Always mandatory on all federal and state courts (and local courts)
(3)N/A
___________________________________________________________
(1) Federal administrative regulation**
(2) Always mandatory on all federal and state courts (and local courts)
(3) N/A
______________________________________________________________
(1) U.S. Court of Appeals decision Interpreting and applying federal law
(2) Always mandatory on federal courts within the jurisdictional
boundaries of the Court of Appeals issuing the decision
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory (would apply as well to
local courts)
________________________________________________________________
(1) U.S. District Court decision interpreting and applying federal
law
(2) Always mandatory on specialized lower federal courts, if any,
within the jurisdictional boundaries of the District Court issuing
the decision and over which the District Court has appellate
jurisdiction
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory (would apply to local
courts as well)
_________________________________________________________________
(1) State constitution***
(2) Always mandatory on all state courts within the given state (and loc=
al
courts)
(3) N/A
_________________________________________________________________
(1) Decision of a state's highest court interpreting and applying
that state's law***
(2) Always mandatory on all lower state courts within the given
state (and local courts)
(3) May be regarded as persuasive by federal and state courts
that do not need to treat the decision as mandatory
___________________________________________________________________
(1) Decision of a state's intermediate appellate court interpreting
and applying that state's law
(2)Always mandatory on all lower state courts within the jurisdictional
boundaries of the intermediate appellate court issuing the decision; (and
local courts)
in some states, may also be mandatory on lower state courts outside
those jurisdictional boundaries (and local courts)
(3) May be regarded as persuasive by federal and state courts that
do not need to treat the decision as mandatory
____________________________________________________________________
(1) State statute#
(2) Always mandatory on all state courts within the given state (and loc=
al
courts)
(3) N/A
_____________________________________________________________________
(1) State administrative regulation##
(2) Always mandatory on all state courts within the given state (and loc=
al
courts)
(3) N/A
_____________________________________________________________________
The additional comments in the following footnotes bear only on the
validity of the authority, not on its mandatory or persuasive character:
* Assuming there is no conflict with the U.S. Constitution
** Assuming there is no conflict with the U.S. Constitution or a federal
statute
***Assuming there is no conflict with the U.S. Constitution, a federal
statute, or federal administrative law
# Assuming there is no conflict with the U.S. Constitution, a federal
statute, federal administrative law, or that state's constitution
## Assuming there is no conflict with the V.S. Constitution, a federal
statute, federal administrative law, that state's constitution, Or
any of that state's statutes
=C5h! Your best rebuttal to my substantiated statement concerning the
treasonous actions of the USSC is to throw legal notes in my face and
then run.
Source:
THE LEGAL RESEARCH MANUAL, A Game Plan For Legal Research and Analysis, By
Christopher G. Wren & Jill Robinson Wren, Pages 42-43
.
