View Poll Results: Is the US Constitution the Supreme Law of the United States?

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  • Yes

    51 55.43%
  • No

    41 44.57%
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Thread: Is the US Constitution the Supreme Law of the United States?

  1. #131
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by TacticalEvilDan View Post
    You're asking me to prove something which is easily and readily accessible by anyone with an Internet connection and a web browser....
    when one makes a claim, the mature & responsible thing to do is to back it up.

    will you back up your claim?

  2. #132
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by whysoserious View Post
    Quote Originally Posted by friday View Post
    Tyranny over the silent minority is still alive and well because of our judicial process. The problem with the judicial process was that we somehow thought that the judges were going to do their job of unbiased interpretation instead of agenda driven legislation from the bench.
    So it is agenda driven why? Because you disagree with their assessment? What does this have to do with the Constitution and it's authority?
    Two examples of agenda would be Citizens United v. FEC and Kelo v. City of New London

    For those unfamiliar, the former conveyed increased personhood upon corporations (a right wing agenda), and the latter dramatically expanded the scope of eminent domain (a left wing agenda), both in clear contravention of how a layman (and many legal scholars) would interpret the Constitution.

  3. #133
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by Thunder View Post
    when one makes a claim, the mature & responsible thing to do is to back it up.

    will you back up your claim?
    I thought I had, but I guess you need to be led by the hand. Here you go:

    This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The Founding Fathers expected the branches of government to act as checks and balances on each other. The historic court case Marbury v. Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future.
    Marbury v Madison - Court case of Marbury v Madison

    Your turn.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

  4. #134
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by jamesrage, in the OP View Post
    The US constitution is the supreme law of the land.If a law that is created violates the constitution then it is invalid. So it seems pretty straight forward that it is the supreme law of the land. If it wasn't the supreme law of the land then why have the S.C. decide if something is constitutional?
    Your theory is based upon semantics; one could say it is the supreme law (framework, or the buck stops here), while one could also say it is not (there is no prohibition against murder, for example, which -- until somewhat recently -- had no specific federal prohibition at all).

    At best, all federal law devolves from the constitution, but not all federal law is constitutional. Furthermore, in certain cases the constitution overrides conflicting state or local law (the 2nd Amendment exceptions, noted by others, are valid -- in NYC it is illegal to possess a handgun without a permit (which is said to be nearly impossible to obtain), for example). Prior to ratification of the 14th Amendment in 1868 there were many other exceptions. To wit:


    "In Barron v. Baltimore (1833), the Supreme Court ruled that the Bill of Rights did not apply to the states" (see 14th Amendment link above)


    Furthermore, at the constitution's inception there was no specific authority therein for the Supreme Court to decide constitutional issues (as others have already noted, re Marbury v. Madison (1803), to little avail it seems).

  5. #135
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by CriticalThought View Post
    [...] Technically though, the Constitution is the "law of the land" as is stated in the Supremacy Clause of the Constitution. All laws must be "pursuant thereof" the Constitution. If you wish to define that as a "guideline" rather than Constitutional law, then that is simply the semantic game of the day.
    Semantics are indeed in play here; while the constitution may indeed be the 'controlling authority' there are many issues it does not touch upon but which are regulated by not only the federal government, but also by the states.

    The Supremacy Clause simply states that if a state law conflicts with a federal law, then the federal law trumps the state law[1] (as AZ will find out with their immigration law). However, in some instances, and again some state gun laws are the prime example, state or local laws do conflict with the constitution and are allowed to do so by the court. So it's a mixed bag [shrug]

  6. #136
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    Re: Is the US Constitution the Supreme Law of the United States?

    No.

    When the Supreme Court takes up a case, it does so in an attempt to determine the "constitutionality" of said law, not whether or not such a law was violated. However, as has already been pointed out our laws and ordiances are based on constitutional principles. Therefore, in that sense the root of all U.S. laws - federal, state or local - are derived from the guiding priciples of the Constitution. But the Constitution itself is not the supreme law of the land. It just lays the foundation for all other laws written by Congress, soverign states and local municipalities.

  7. #137
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by Thunder View Post
    when one makes a claim, the mature & responsible thing to do is to back it up.

    will you back up your claim?
    Quote Originally Posted by TacticalEvilDan View Post
    I thought I had, but I guess you need to be led by the hand. Here you go:



    Marbury v Madison - Court case of Marbury v Madison

    Your turn.
    So, four hours have gone by, you've made over 50 posts elsewhere on the forum, and you still have neglected to come back here and back up your assertion.

    Normally I wouldn't bother collecting statistics such as those, but you consistently do this -- someone pokes a hole in something you say, you demand proof, proof is produced, and you simply stop talking.

    Some days I wonder why I even bother... Oh, wait, I know -- because I've seen you accuse other people of failing to back up their assertions. Funny, that.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

  8. #138
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    Re: Is the US Constitution the Supreme Law of the United States?

    Quote Originally Posted by TOJ View Post
    The USA Constitution laws are only what five old men and old women say they are at any particular point in time.

    .
    Even a broke clock is right twice a day.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  9. #139
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    Re: Is the US Constitution the Supreme Law of the United States?

    Wow, the results of this poll totally shocked me!

  10. #140
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    Re: Is the US Constitution the Supreme Law of the United States?

    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 the Authority of the United States, shall be the supreme Law of the Land
    /end thread
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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