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Thread: Constitutional Crisis

  1. #91
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    Re: Constitutional Crisis

    Quote Originally Posted by American View Post
    Not here you haven't.
    Correct, but that is what I've been doing.

  2. #92
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    Re: Constitutional Crisis

    Quote Originally Posted by ChrisABrown View Post
    Written like a true infiltrator mis representing the facts of the 9th Amendment. The people can define whatever constitutional intent serves their safety, security and happiness. You misrepresent that "I" alone might try and do this. I propose that a majority do this, but you do not want that, so ignore the law.


    If you drink spirits, your spirit is dulled therefore your opinions are automatically upon inferior subjects with inferior perspective.

    I think you are misrepresenting the ninth amendment, The Ninth Amendment as designed to prevent the expansion of federal power seemingly implied by the listing of prohibitions within the Bill of Rights. In other words, if the rights were not expressly prohibited from government infringement then those rights not list were at the mercy of the federal government. This is what the Ninth Amendment was to prevent. It is up to the PEOPLE to define those "certain rights" retained by the PEOPLE, not the person.
    Vietnam Veteran Jan 69-Aug 70
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  3. #93
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    Re: Constitutional Crisis

    Quote Originally Posted by Terryj View Post
    I think you are misrepresenting the ninth amendment, The Ninth Amendment as designed to prevent the expansion of federal power seemingly implied by the listing of prohibitions within the Bill of Rights. In other words, if the rights were not expressly prohibited from government infringement then those rights not list were at the mercy of the federal government. This is what the Ninth Amendment was to prevent. It is up to the PEOPLE to define those "certain rights" retained by the PEOPLE, not the person.
    I wrote the people define the rights not the person.

    Here is the origins of it, it is called the "reserved rights" doctrine.

    ~~~~~Prior to 1871 the United States participated in a treaty making process with the First Nations because this technique was the obvious "legal" answer to westward expansion. Treaties, as defined by the Supreme Court did not incorporate a "grant of rights to Indians, but a grant of rights from them." Originally treaties were contracts between sovereign nations and accordingly were "the supreme law of the land." If Wasichu wasn't smart enough to think of everything he wanted and get same into the relevant treaty then "any right not expressly extinguished by a treaty...is reserved to the tribe." This is known as the "reserved rights doctrine." (Pevar)
    As time, disease, despair, genocidal activity, public opinion and overwhelming superiority in terms of combatant bodies took their toll, the need for defining the First Nations as sovereign passed. "It was at this point that an effort to reconcile official terminology with the semantics of the general public began to emerge" and the "word 'tribe' completely [displaced] the word 'nation' in the legal discourse [which] lead to congressional termination of treaty-making with Indians in 1871." (Churchill) The First Nations:

    "...at one time had had enough power to make a favorable cession of lands a diplomatic triumph for the United States. But from the early nineteenth century on, perceptive men had seen the incongruity of treating Indian tribes as equals, and as demands for reform in Indian affairs grew during and immediately after the Civil War, the treaty system came under increasing attack." (Prucha)~~~~

    It is the tool for societal adaptation. We do not survive if we do not use it.
    Last edited by ChrisABrown; 06-26-18 at 02:45 AM.

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