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Your opinion, and opinions are like noses - they all smell.
And, until and unless the Court rules, the sheriffs have as much prerogative to exercise their powers according to their own understanding of the Constitution as any other office of government.
No. The Constitution was written for the people, not the Supreme Court.
While case law rules since Marbury, the Court must interpret the Constitution consistent with the public understanding of the principles therein at the time of its ratification.
In this case, the sheriffs should stick by their guns (so to speak) and force the state to take them to court. By virtue of their oaths to uphold and protect the Constitution, their prerogatives are on solid ground, and their fealty is to the Constitution, not to any legislature, governor or court. Absent clear, narrow precedent, they are not bound by any interpretation of the legislature if such interpretation raises critical, counterintuitive constitutional questions.
The burden should be on the government to prove its actions constitutional, not the other way around.
They serve US, we don't serve THEM.
No. Their oath is to the Constitution(s), state and federal.
What you believe is immaterial. What is real is that fundamental rights can only be affected pursuant to a compelling government interest that has certainty as to accomplishing the stated purpose, and be instituted in the least intrusive manner possible.
Broad curtailments are REMOVED from public opinion and the democratic process, deliberately.
The categorization of rights, privileges and mere amenities is clear, and your perception of what is proper is unfocused and skewed.
Their oath is to the Constitution(s), state and federal, not to the government or any law or set of laws below that level.
Any law that violates the Constitution(s) is facially invalid.
Last login: Wednesday, March 20, 2013
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