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Article #50

Re: What' Wrong Here? (Laws)

#50
From: Jeffrey N. Burch
Date: Fri, 14 Aug 1992 22:47
59 lines
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In article <66012@hydra.gatech.EDU> gt0418c@prism.gatech.EDU (Shane Wm. McWhorter) writes:
>So, I'm asking myself, "Why would there be ANY disagreement about
>this seemingly clear issue?"

Our whole system of government is based on the ability of people
with differing opinions to resolve them through compromise.

Any argument which says "my opinion is so correct, why would anyone
disagree with it?", is itself scary.

>My answer could be:
>
>Most lay-citizens believe laws go like this: "We got together, and most of
>us decided this is a good thing, so this is what we are gonna do."
>
>For example, "Hey, if you don't like the law, why don't you vote for someone
>that will change it?"
>
>Unfortunately, this is a misunderstanding of law.

On the contrary, this is EXACTLY how the political and legal system
of our country operate.  While there are provisions in the law to protect
minority opinions from certain types of discrimination or suppression,
the minority will find itself outvoted in anything which is susceptible
to a vote.  Many things are, including modifications to the Constitution.

>Laws are within the juristiction of the US Constitution, written by Thomas
>Jefferson, and signed by the State of Georgia, with a few others.

No offense, but this statement itself seems to constitute a great 
misunderstanding of the law.

US Constitution, Article X:  The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.

The statement "Laws are within the jurisdiction of the US Constitution"
does not appear to recognize state or local law, or laws enacted through
voter referendums.  But when not dealing in Constitutional matters, those 
laws hold equal weight to the Constitution.

>The United States' Constitution protects the right of Christians not to
>have to buy alcohol on a Sunday. The Constitution also prevents Christians
>from enforcing that opinion on other citizens.

The United States Constitution means what the Supreme Court says it 
means.  So far, they haven't said that it means that citizens can 
buy alcohol in all states on Sundays.  Until they assert that alcohol
sales are within the jurisdiction of constitutional protection, the
issue will be left to the states.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^  Dr. J(effrey Neil Burch)                 jb118@prism.gatech.edu    ^
^  Georgia Tech Research Institute                                    ^ 
^  Electro-Optics and Physical Sciences Laboratory                    ^
^  Atlanta, Georgia                                                   ^
^  30332                      Times change, and men often change      ^ 
^  404-894-3628                 with them.  Principles, never!        ^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!darwin.sura.net!pirates!gatech!prism!jb118
From: jb118@prism.gatech.EDU (Jeffrey N. Burch)
Newsgroups: ga.general
Subject: Re: What' Wrong Here? (Laws)
Keywords: laws, morality, rights
Message-ID: <66020@hydra.gatech.EDU>
Date: 14 Aug 92 22:47:10 GMT
References: <66012@hydra.gatech.EDU>
Organization: Georgia Tech Research Institute -- EOL
Lines: 59