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#31
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Larry Dighera writes:
The solution to these unconstitutional "laws" is to actively oppose them, and get them overturned. Agreed, but unfortunately justice costs money in the U.S. (and just about everywhere else), so if you are not rich, how do you actively oppose unconstitutional laws and win? |
#32
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Jose writes:
The marshals have an interest in Threats To National Security. A failure to register under an unconstitutional State law is not a threat to national security, although it is certainly a threat to civil liberties and constitutional rights. |
#33
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Jose writes:
Yes, but if an official in that state calls something a Threat To National Security, then that Threat has to be taken Seriously. Which law mandates this? Is it anything like lettres de cachet? |
#34
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Gig 601XL Builder wrote:
Bob Gardner wrote: This is not aimed at itinerant pilots...Washington has a similar rule. It is parallel to the rule about registering automobiles after 60 days. Bob Gardner The way it is written it is parallel to a requirement to register your automobile if you drive through the state. I've been driving from Northern California (where I live) to Washington (where my family is) for the last 35 years. Back when I drove a diesel Rabbit, I was tweeked that the state charged something like $.20/gal. "trucker's tax" on diesel that neither WA or CA charged. Now another thing. I guess we really don't have to worry unless the Oregon Air National Guard issues intercept procedures for collection of the fee. |
#35
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Jose wrote:
To some extent as to all federal law enforcement agencies. But, luckily, this isn't a federal NS issue. It is one state ignoring the Constitution. Yes, but if an official in that state calls something a Threat To National Security, then that Threat has to be taken Seriously. Jose Fine, please show one example where the marshalls have tried to enforce this or some other silly state law. |
#36
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Robert M. Gary wrote:
On Jun 11, 8:14 am, "Gig 601XL Builder" wrDOTgiaconaATsuddenlink.net wrote: Robert M. Gary wrote: On Jun 11, 6:21 am, "Gig 601XL Builder" wrDOTgiaconaATsuddenlink.net wrote: Jose wrote: Since I live on the East coast, I think I'd feel fairly safe at blowing them off, even if I ever did fly in their state. What are they going to do? Send federal marshals? Well, if you blow them off, you can be identified as a Threat To National Security. So, yes, they could send in the marshals, and do much worse, before it's overturned. Jose Well since this is a state law I doubt federal marshals would have any interest at all. If that were true medical pot smoking would be legal in California. People go to jail for this in California because its a federal law even though the state as a registration system for users who have Dr approval. When my mom was dieing the Dr even suggested she try it (she didn't). Its legal according to the state but if the feds find out she'd go to jail. -Robert Not the same situation at all.- Hide quoted text - - Show quoted text - Sorry, I've spent so many years taking law classes I assume everyone has the same level of knowledge of the law. The constitution say that anytime a law is in "federal space" federal rules trump the state. So in both cases, states have created laws which actually inhabit space already allocated by the federal gov't, and therefore not legal. The federal space in this case is the interstate commerce clause. In the medial pot case its federal DEA administrative law, but the legally important thing is that they are both federal. -Robert You are still comparing apples and oranges. If you medical pot rule were reversed and it was legal on a federal level and not on a state level it would be the same. |
#37
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On Jun 11, 11:23 am, "Gig 601XL Builder"
wrDOTgiaconaATsuddenlink.net wrote: Robert M. Gary wrote: On Jun 11, 8:14 am, "Gig 601XL Builder" wrDOTgiaconaATsuddenlink.net wrote: Robert M. Gary wrote: On Jun 11, 6:21 am, "Gig 601XL Builder" wrDOTgiaconaATsuddenlink.net wrote: Jose wrote: Since I live on the East coast, I think I'd feel fairly safe at blowing them off, even if I ever did fly in their state. What are they going to do? Send federal marshals? Well, if you blow them off, you can be identified as a Threat To National Security. So, yes, they could send in the marshals, and do much worse, before it's overturned. Jose Well since this is a state law I doubt federal marshals would have any interest at all. If that were true medical pot smoking would be legal in California. People go to jail for this in California because its a federal law even though the state as a registration system for users who have Dr approval. When my mom was dieing the Dr even suggested she try it (she didn't). Its legal according to the state but if the feds find out she'd go to jail. -Robert Not the same situation at all.- Hide quoted text - - Show quoted text - Sorry, I've spent so many years taking law classes I assume everyone has the same level of knowledge of the law. The constitution say that anytime a law is in "federal space" federal rules trump the state. So in both cases, states have created laws which actually inhabit space already allocated by the federal gov't, and therefore not legal. The federal space in this case is the interstate commerce clause. In the medial pot case its federal DEA administrative law, but the legally important thing is that they are both federal. -Robert You are still comparing apples and oranges. If you medical pot rule were reversed and it was legal on a federal level and not on a state level it would be the same.- Hide quoted text - - Show quoted text - Again, I'm coming at this from a legal point of view (looking at legal arguments). The issue is not which is legal and which is not, the issue you would argue in court is whether federal law has carved out the space. Whether the feds say its legal or not is irrelevant to the courts, if the feds have that space, the state law is null and void. Its just a bit of an oddity of how the law is exercised. -Robert |
#38
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![]() I never did this, I don't know anyone who has. |
#39
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Mxsmanic wrote:
Jose writes: The marshals have an interest in Threats To National Security. A failure to register under an unconstitutional State law is not a threat to national security, although it is certainly a threat to civil liberties and constitutional rights. How would you know, Frenchie? |
#40
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Mxsmanic wrote:
Larry Dighera writes: The solution to these unconstitutional "laws" is to actively oppose them, and get them overturned. Agreed, but unfortunately justice costs money in the U.S. (and just about everywhere else), so if you are not rich, how do you actively oppose unconstitutional laws and win? Ahem. France. |
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