The most IMPORTANT SCOTUS decision in US history:
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drunken faggot firefighter | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | Electric sick property | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | Electric sick property | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | Electric sick property | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | drunken faggot firefighter | 01/22/06 | | Electric sick property | 01/22/06 | | drunken faggot firefighter 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offensive kitty cat messiness | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | clear offensive kitty cat messiness | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | Histrionic pink scourge upon the earth | 01/22/06 | | clear offensive kitty cat messiness | 01/22/06 | | Histrionic pink scourge upon the earth | 01/22/06 | | clear offensive kitty cat messiness | 01/22/06 | | Histrionic pink scourge upon the earth | 01/22/06 | | dark contagious patrolman wrinkle | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | fuchsia toilet seat | 01/22/06 | | green multi-colored casino background story | 01/22/06 | | fuchsia toilet seat | 01/22/06 | | arousing black woman kitchen | 04/16/06 | | curious khaki forum dopamine | 04/16/06 | | Odious avocado church building weed whacker | 04/16/06 | | Ruby codepig | 04/16/06 | | laughsome ivory area milk | 04/16/06 | | ultramarine concupiscible dilemma | 04/16/06 | | violent hell 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Poast new message in this thread
Date: January 21st, 2006 11:52 PM Author: drunken faggot firefighter
Besides Marbury. Brown by far?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879674) |
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Date: January 22nd, 2006 11:27 AM Author: Effete irate house halford
Only FUCKTARTED Southerners believe it would have ended on its own.
Trust me, it would not have. There would be whites only drinking fountains today in Mississippi if the federal govt and judiciary had not gotten involved.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4882463) |
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Date: January 22nd, 2006 11:38 AM Author: Effete irate house halford
It was a coupling effect.
I stand by my previous statement. The Civil Rights Act grew out of the climate created by Brown.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4882528)
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Date: January 21st, 2006 11:53 PM Author: Bespoke National
it's coming...Marshall v. Marshall
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879683) |
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Date: January 22nd, 2006 12:12 AM Author: adventurous cowardly digit ratio main people
Wow. You're fucking stupid.
Date: January 22nd, 2006 12:08 AM
Author: SH
Oh shut the hell up you nerd. Just because a lot of people routinely pwn you doesn't mean they're all the same person.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879765)
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879798)
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Date: January 22nd, 2006 12:21 AM Author: onyx floppy stage hissy fit
"i would certainly put my money on it."
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879862)
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Date: January 21st, 2006 11:55 PM Author: exciting aggressive library toaster
upcoming one about weed
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879691) |
Date: January 21st, 2006 11:55 PM Author: Garnet hominid
Bush v. Gore
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879694) |
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Date: January 22nd, 2006 12:06 AM Author: Garnet hominid
1. Stole election from Dem, let Bush be president. This leads to Iraq war, 2 right wing appointments (maybe more if souter / stevens leave), domestic spying, and a lot of other junk. (to be fair, it also probably saved the country from a lot of stupid crap Gore would have done)
2. Forced the court to become super-political and basically destoryed the notion of an "impartial" court. given that vote was 5-4, conservatives v. libs - you can argue about who was right, but the court lost a lot of its idealism that day. Now more than ever people just look at it as an elected body.
3. Super-charged the liberal academy, and made the repub / liberal split even more vicious, probably beyond the point of no return.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879750) |
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Date: January 22nd, 2006 12:12 AM Author: Garnet hominid
True, Gore would have done dumb shit too, but I think it would have been different dumb shit.
Whenever a court elects a president, that changes the country more than any other case could.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879801) |
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Date: January 22nd, 2006 11:42 AM Author: Chocolate aphrodisiac mood internal respiration
" if the war can manage to end relatively soon "
it WON'T, you idiot and even if it does it CAN not and WILL not go down as minor deal.
you idiot.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4882554) |
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Date: January 22nd, 2006 11:43 AM Author: trip hyperactive abode trust fund
"Stole election from Dem, let Bush be president. "
More accurately, the Supreme Court prevented the Florida Supreme Court from improperly handing the election to Gore. There was no stealing. Subsequent recounts by media outlets have tended almost without exception to find that Bush would've won Florida. You can't steal something that wasn't rightfully yours.
The Democrats get caught trying to fix an election, and now the Republicans are accused of stealing.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4882562) |
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Date: April 16th, 2006 6:15 AM Author: curious khaki forum dopamine
Exactly.
It's hilarious how people spin this shit.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591603) |
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Date: April 16th, 2006 6:13 AM Author: curious khaki forum dopamine
How did it steal the election from the Dems? The media outlets deterimined later that the recounts would have given Bush an even bigger margin in Florida. All it did was (correctly) hasten this outcome, and take the decision out of the hands of the corrupted Florida Supreme Court.
You guys live in complete fantasyland.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591593) |
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Date: January 22nd, 2006 12:06 AM Author: Garnet hominid
I think it was Bush v. Gore when it got to the S.Ct.
Our casebook in con law referred to it as such.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879756) |
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Date: January 22nd, 2006 12:10 AM Author: Garnet hominid
http://en.wikipedia.org/wiki/Bush_v._Gore
Whole case name thing is always weird, because some parties can fall out on the appeal.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879786) |
Date: January 21st, 2006 11:59 PM Author: Jet Slippery Trailer Park Boistinker
Baker v. Carr is more important than Brown in terms of race.
Chevron is fundamental -- the regulatory state is the basis for modern government.
Gibbons v. Ogden -- the power of the federal government to regulate everything.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879714) |
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Date: January 22nd, 2006 12:04 AM Author: drunken faggot firefighter
1) The political question case? If I remember correctly, all that case stood for was that reapportionment questions aren't "textually" commited to other branches of government. I'm sure there were race issues involved, but Brown was more relevant and on point in terms of race.
2) Chevron deference is almost entirely an administrative agency matter; the case doesn't extend much beyond that
3) Not on par with Marshall or Brown
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879743) |
Date: January 22nd, 2006 12:01 AM Author: Amethyst roommate rigor
Wickard
That decision is the biggest piece of shit ever.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879724) |
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Date: January 22nd, 2006 12:08 AM Author: Garnet hominid
BUT DOOD, the WHEAT was grown and sold in MY FUCKING FARM! IT NEVER GOES ANYWHERE! How the FUCK is that INTERSTATE!
This IS AN OUTRAGE!
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879766) |
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Date: January 22nd, 2006 12:29 AM Author: Electric sick property
if anything permeates all modern commerce clause cases, gibbons does, since its the very basis for how we interpret the commerce clause.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879946)
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Date: January 22nd, 2006 12:45 AM Author: drunken faggot firefighter
I guess you could think of it like that. But, taking that logic, you could say that EVERY commerce case NOT mentioned in recent cases is "fundamental to the commerce clause," because it wasn't cited. It's a bit of a straw man but it follows logically.
I think the better reason is this: Gibbons was an important case, sure, but it settled the law of time, and it was all that was needed to dispel the confusion and concerning how to interpret the commerce clause and supremacy clauses. That confusion doesn't necessarily persist today; everyone knows that positive federal interstate commerce regulation pre-empts concurrent state regulation. The modern confusion and debate concerns *what* suffices as federally regulable (that ain't a word) "instrumentalities" of commerce; not *if* federal interstate commerce regulation trumps conflicting state regulation
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880064) |
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Date: January 22nd, 2006 1:00 AM Author: Electric sick property
I think you're underestimating how "obvious" the result was at the time. From what I've read about the case Marshall basically did his normal domineering spirit trick to get the court to seem as together as it was. In the beginning I think the court was somewhat split. Gibbons goes to the very heart of state's rights vs. federal rights. Its a battle that has been waged since the very inception of this country and continues to rage on today.
The thing about Brown, as I mention above, is that its HIGHLY unlikely we'd still have segregation today. It was on its way out at the time, although too slowly. Obviously it was important, but there will probably come a point where, if brown had been decided differently, that the nation would be any different than it now is.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880205) |
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Date: January 22nd, 2006 1:09 AM Author: drunken faggot firefighter
I never said it was obvious AT THAT TIME. I never disputed that; and hell, without paring through my prior posts, I'm sure I was probably the first to bring it up. But that confusion does not persist today, as it pretty much goes without saying that constitutionally appropriate federal commerce clause regulation trumps conflicting state regulation. Was it obvious at the time? To many it was, but to many others, it may not have been. But the confusion and dispute was eliminated immediately after the decision. But look at how extensively Wickard was discussed in Raich, or in practically EVERY commerce case since then. Raich may have validated Wickard to an extent, but the mere fact that they had to do that (and remember, many people still think we should overturn Wickard) demonstrates how important that decision really was. Sure, there's a possibility that Gibbons may not have been decided the way it was. But given how that case has been treated by subsequent cases, and how widely and presumptively it has been accepted -- not to mention the clear rules laid out by the supremacy and commerce clauses, there's really no way it would not have been overruled shortly thereafter. The case was big, sure. But don't mischaracterize it.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880297) |
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Date: January 22nd, 2006 1:11 AM Author: Electric sick property
your logic seems to be that only cases that people, by and large, don't like are important then?
Also, by your logic, Brown wasn't obvious at the time, but it is now. Thus it isn't important.
Also, by your logic marbury isn't a significant case.
This is the dumbest line of thinking ever. Just because a case is decided well and people largely agree with it in retrospect its unimportant.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880326) |
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Date: January 22nd, 2006 1:24 AM Author: Electric sick property
then how the fuck am I supposed to interpret this?
Date: January 22nd, 2006 12:04 AM
Author: SH
1) The political question case? If I remember correctly, all that case stood for was that reapportionment questions aren't "textually" commited to other branches of government. I'm sure there were race issues involved, but Brown was more relevant and on point in terms of race.
2) Chevron deference is almost entirely an administrative agency matter; the case doesn't extend much beyond that
3) Not on par with Marshall or Brown
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879743)
where #3 is in referrence to Gibbons.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880470) |
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Date: January 22nd, 2006 1:04 AM Author: Electric sick property
yeah, I'm not saying its dead, just not on par with gibbons. Things could change and SCOTUS could use raich by way of wickward to control everything we do. Then obviously wickward would probably be more important than gibbons.
But you also have to ask yourself if we would have had wickward without gibbons. If the court had taken a more restrictive view in gibbons, I seriously doubt we get wickward in the first place.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880253) |
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Date: January 22nd, 2006 1:29 AM Author: drunken faggot firefighter
What?
The commerce clause says that the federal government is given the power to "To regulate Commerce ... among the several States." (The power to regulate interstate commerce.)
The supremacy clause says that "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 Supreme Law of the land; and the Judges in every state shall be bound thereby, any thing in the Constitution or Laws of any state to the contrary notwithstanding." (Basically, that appropriate federal legislation pwns all state legislation to the contrary.)
Ok. NY passed INTERSTATE COMMERCE legislation that DIRECTLY CONFLICTED with a federal INTERSTATE COMMERCE law. How in the fuck do you think these things could have coexisted? (And stop trying to avoid the Supremacy Clause.)
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880530) |
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Date: January 22nd, 2006 1:32 AM Author: Electric sick property
it could have been the case that federal commerce licenses only grant one the ability to conduct commerce in states where they also hold a commerce license for that state. The wording of the commerce clause doesn't, on its face, discount the ability of states to ban things which the federal government merely doesn't explicitly ban.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880569)
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Date: January 22nd, 2006 1:36 AM Author: Electric sick property
there are two possiblities here:
1) every text on constitutional law is wrong about gibbons importance on the commerce clause
2) you are wrong
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880622)
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Date: January 22nd, 2006 1:42 AM Author: drunken faggot firefighter
HEY NASC: "NOT ON PAR" DOES NOT MEAN "NOT IMPORTANT."
sOrRY, g0OD Try, tH0UgH.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880717) |
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Date: January 22nd, 2006 1:53 AM Author: drunken faggot firefighter
Whew!! *sigh of relief*
Ok, I guess we're cool now. Where I typed "Marshall," I should have typed "Marbury" or "Marbury v. Madison." (It's peculiar, though, that you weren't able to immediately pick up on this mistake. Kinda makes you wonder, no? Check out my earlier posts where I referenced "Marbury v. Madison." LOL)
So, I guess we're now in agreement. I've been talking about Marbury v. Madison this whole time, and you've been talking about some mysterious case named "Marshall" (but again, you were confused by my earlier error; an error which immediately brought into your mind this mystical "Marshall" case. An innocent error, though; and I don't blame you.)
Are we cool? Or, as my little brother might say, "are we COO?"
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880846) |
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Date: January 22nd, 2006 1:55 AM Author: Electric sick property
I think you still vastly overestimate wickward and don't see how easily we could have a weak commerce clause and defacto strong states, leading to a vastly different country.
You are almost comical about brown.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880874) |
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Date: January 22nd, 2006 2:01 AM Author: Electric sick property
it has to do with whether or not the government can rule on probate issues (obviously a states rights issue) that involve issues (like bankruptcy) where the commerce clause holds sway.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880940)
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Date: January 22nd, 2006 2:05 AM Author: drunken faggot firefighter
And how did you know I was talking about THAT PARTICULAR "Marshall" case, as opposed to the countless others bearing that name? AND WHY IS THAT CASE GERMANE TO WHAT THIS THREAD IS ABOUT? And howcome no one else, besides YOU, was talking about that case? And how come EVERY ONE ELSE knew exactly what I meant by "Marshall"? And since when has this "Marshall decision" -- a case for which you provide no citation -- been thought of as the most IMPORTANT CASE IN US HISTORY (i.e., the POINT OF THE FUCKING THREAD?) What casebook or treatise treats this PROBATE case as the MOST IMPORTANT CASE IN HISTORY? NONE? Well, then why did you think that that was what I meant? WHY? WHY NASC? HUH? TELL ME? WHY?
I have a lot more questions, when you get done with these.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880987) |
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Date: January 22nd, 2006 2:07 AM Author: Electric sick property
because barzini specifically mentioned it right before you posted what you posted. I thought for some reason you took what he said at face value, I don't know, its often hard to follow your logic.
That I can see nobody else really knew what you meant by marshall anyway. I doubt they thought you were talking about marbury since you specifically said "besides marbury" in the op.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881008) |
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Date: January 22nd, 2006 2:11 AM Author: drunken faggot firefighter
When I said "besides Marbury" in the OP, what did I mean? In other words, take the thread title, my OP, and the post where I referenced "Marshall." What is it about those three posts that would make you think I was talking about this mysterious "Marshall" PROBATE LAW decision?
HAHAHHAHAHhahaa (You see that? Every thing you say automatically works against you because you're in a very fucked up position right now. There's really no way out, except to STOP POSTING. I don't accept apologies.)
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881036) |
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Date: January 22nd, 2006 2:19 AM Author: drunken faggot firefighter
Ok, now that we have that settled (it is settled between us now that it was an absolutely stupid fuck inference to draw, given the circumstances. It's not like the thread title was "THE MOST IMPORTANT PROBATE LAW DECISION IN HISTORY" or something like that. Also, where is the citation for this case? HAHAHAH), I think there's a very, very important lesson to be learned here.
SO YOU MADE A DUMB FUCK STUPID IDIOT INFERENCE, AND ROYALLY PWN3D YOURSELF IN THE PROCESS (admittedly, I didn't really pwn you here; you heroically pwn3d yourself). What does that tell you about yourself? What does that tell you about your ability to think critically and with reason?
NASC, you're done.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881108) |
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Date: January 22nd, 2006 2:22 AM Author: Electric sick property
so my "dumb fuck stupid inferrence" was that you can actually name a case by its correct name?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881126)
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Date: January 22nd, 2006 2:28 AM Author: drunken faggot firefighter
No, that's not an inference; that's an assumption. Your cockamay stupid dork inference came by way of your misapprehending and TOTALLY disregarding the import of the thread title and my OP.
Check out what happened:
1) I made a thread asking for the most IMPORTANT SCOTUS decision in history.
2) My OP stated that MARBURY was the MOST IMPORTANT SCOTUS DECISION IN HISTORY.
3) Everyone who has taken a high school civics course knows that Marshall authored Marbury.
4) Everyone on this thread not only knows that Marshall authored it, but they also know that, by mentioning "Marshall," I meant "Marbury." This is because the pronunciation and, I dare say, etymologies, of all three names (Marshall, Marbury, and, to an extent, Madison) are remarkably similar.
5) AND THEN NASC COMES IN AND THINKS I'VE BEEN TALKING ABOUT A PROBATE CASE NAMED "MARSHALL" THIS ENTIRE TIME, A CASE FOR WHICH HE REFUSES TO PROVIDE A CITATION. HE THINKS THIS DESPITE FACTS 1) - 4).
NASC IS NOT LIKE ANY OF US.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881192) |
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Date: January 22nd, 2006 2:33 AM Author: Electric sick property
sean, you are fucking dumb and assuming rationality for you is a step I've learned not to take. This time I tried interpeting your words by their literal meanings, I'm sorry that did not work. Next time I will resort to reading a word you write, opening a dictionary blindly, pointing to a word and then assuming that is what you actually meant. This may be more accurate.
and marshall is fairly important because it has implications outside of probate law as does any case that deals with overlapping federal and state jurisdictions.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881250) |
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Date: January 22nd, 2006 2:38 AM Author: drunken faggot firefighter
1) Provide a citation to this mysterious PROBATE LAW case.
2) Provide a citation to any article, treatise, casebook, or other quote where an author considers this PROBATE LAW decision the most IMPORTANT DECISION IN US HISTORY.
3) And if you really knew how to read, or understood the MEANINGS OF BASIC WORDS AND PHRASES, you wouldn't have consistently CONFUSED "on par" with "unimportant."
4) I know I asked you this before, but I think I should ask you again: Do you know who I am?
Oh, I just realized that I never answered the question. I'm Sean Hannity.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881300) |
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Date: January 22nd, 2006 2:45 AM Author: Electric sick property
like I said its currently under review and I took what you said to mean that it will eventually be a very important case after its ruled on, which I found odd, as evidenced by my "WTF?" I'm not saying I thought it made sense to think it was an important scotus case, but it came from you, so being senseful is not necessarily a requirement, I've found.
http://caselaw.lp.findlaw.com/data2/circs/9th/0256002p.pdf
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881363)
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Date: January 22nd, 2006 2:47 AM Author: drunken faggot firefighter
THE ANNA NICOLE SMITH CASE?!?!?!
HOLY FUCK.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881374) |
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Date: January 22nd, 2006 2:51 AM Author: drunken faggot firefighter
Keep telling yourself that. I think both of us know exactly what has gone on here.
Both of us.
Have a nice night,
Sean Hannity
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881408) |
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Date: January 22nd, 2006 1:02 AM Author: Electric sick property
that's IF raich takes hold. I think, like you say below, its pretty unsettled. I think the court will eventually come to a more reasonable opinion on raich. Although alito scares me in this regard.
I have a feeling that roberts is anti-raich.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880231) |
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Date: January 22nd, 2006 2:12 AM Author: clear offensive kitty cat messiness
life, liberty and the pursuit of happiness.
not legally enshrined, of course, but obviously core to the american identity and any larger sense of human rights.
in 'raich', a desperately sick woman was trying to grow the only medicine which helped her. the two cancer survivors on the court unsurprisingly felt sympathy for her plight and ruled accordingly. ironically, only the justice most pilloried for a variety of reasons recognized the obvious overreach of federal power involved.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881037)
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Date: January 22nd, 2006 2:16 AM Author: Cracking coiffed ticket booth friendly grandma
it's a questionable decision, but i don't follow your reliance on the sympathetic facts.
your point about thomas is true, but he'd overrule Wickard.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881084) |
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Date: January 22nd, 2006 2:19 AM Author: clear offensive kitty cat messiness
do you think it was incidental that a 'conservative' like rehnquist ruled the way he did?
'raich' isn't just the case's name - she's a profoundly sick woman, and only marijuana worked for her as medicine.
the case, much like dred scott, put the inhumanity of the law front-and-center.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881103) |
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Date: January 22nd, 2006 2:22 AM Author: clear offensive kitty cat messiness
if the compromise represented a basic violation of property rights, wasn't it unconstitutional?
isn't that what the federal government is for - the protection of exactly such rights? isn't that why the supremacy clause is still used, and insterstate commerce still referenced?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881131) |
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Date: January 22nd, 2006 2:28 AM Author: Electric sick property
but the compromise didn't necessarily represent a basic violation of property rights, since none of the states of the missouri compromise had slaves that were property in the us to begin with. Taney didn't strike it down because he believed that it violated property rights, but because he just didn't think the congress had that kind of power.
And the commerce clause was enough, since under it scott would still be a slave since merely being in another state didn't take away his status as property.
Taney ruled that even with the missouri compromise scott was still property AND then, on top of that, he said that the missorri compromise was unconstitutional anyway, which was unnecessary. Going all the way back to marshall, the power to consider an act of congress unconstitutional has been deemed SCOTUS's greatest power and should only be used when the issue is absolutely paramount ot the specific case and the national at large as well. In this case it didn't. Declaring the mi comp unconstitutional didn't even come up as an issue until relatively late in the proceedings.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881189) |
Date: January 22nd, 2006 12:03 AM Author: Electric sick property
Gibbons v. Ogden
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879734) |
Date: January 22nd, 2006 12:13 AM Author: Garnet hominid
International Shoe!!! Don't You all care about civ pro?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879807) |
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Date: January 22nd, 2006 12:27 AM Author: drunken faggot firefighter
There's no debate about the confusion that pennoyer and its "progeny" usually engenders. Good job not being confused by it, though; you have always struck me as a very bright poster.
HAHAHHAHHAHHAhahahHAH
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879926) |
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Date: January 22nd, 2006 12:29 AM Author: adventurous cowardly digit ratio main people
"HAHAHHAHHAHHAhahahHAH"
Another Sean Hannity breakdown coming?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879941) |
Date: January 22nd, 2006 12:20 AM Author: wild heaven masturbator
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879849) |
Date: January 22nd, 2006 12:34 AM Author: violent hell generalized bond
Brown?
You're an impossibly dim 1L.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4879976) |
Date: January 22nd, 2006 12:45 AM Author: Electric sick property
Gideon seems pretty important too.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880061) |
Date: January 22nd, 2006 12:47 AM Author: Soul-stirring swollen rigpig
chevron
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880081) |
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Date: January 22nd, 2006 1:45 AM Author: Soul-stirring swollen rigpig
chevron is settled law. it is followed when the agency has the power to make rules w/the force of law and has done so.
it was a glib response though, anyway.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880758) |
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Date: January 22nd, 2006 1:53 AM Author: green multi-colored casino background story
or General Dynamics v. Cline.
despite all the hullaballoo, Chevron is largely meaningless, at least at the supreme court. however, the lower courts seem to heed it, so that salvages it from irrelevancy.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880856) |
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Date: January 22nd, 2006 2:06 AM Author: green multi-colored casino background story
" when they wrote the statute."
what controls? the meaning at the time of drafting? or the contemporary meaning?
i favor the latter, though there is authority for both positions.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880994) |
Date: January 22nd, 2006 12:49 AM Author: Electric sick property
without texas v. johnson, xoxo may not exist.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880100) |
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Date: January 22nd, 2006 12:51 AM Author: Electric sick property
"If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. . . ."
—Justice William Brennan,
speaking for the majority
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880114)
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Date: January 22nd, 2006 12:53 AM Author: Electric sick property
it was a joke.....
edit: and it was the first offensive speech case that came to my mind.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880131) |
Date: January 22nd, 2006 1:13 AM Author: green multi-colored casino background story
i'd guess whatever case dramatically expanded the scope of the "commerce" clause (any conlaw geeks know which case-or series of cases- is responsible?).
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880335) |
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Date: January 22nd, 2006 1:26 AM Author: green multi-colored casino background story
well, whichever one it was...the fact that congress can use the commerce clause to do whatever it wants has completely changed the u.s.
the civil rights cases, etc. merely hastened changes which were already nearing...it's not like the supreme court outlawed slavery in 1805 or caused integration in 1902...they merely fit their decisions to the sentiments of the times (but admittedly pushed things up by a few years i'm sure).
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880498) |
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Date: January 22nd, 2006 2:05 AM Author: Electric sick property
me: added a w in the middle
you: called it an etnirely different name that actually refers to a case that is being considered now.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880988) |
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Date: January 22nd, 2006 1:29 AM Author: Electric sick property
because up to that point the government had no basis for saying a state couldn't do things like give monopolies on transport on roads within a state that connect states or various other shit. Then marshall's wording was even more powerful than that. His wording in the majority for gibbons was the basis for the strong commerce clause we've had throughout the course of history in the united states.
"[t]o regulate Commerce with foreign Nations, and among the several States" doesn't discount the possibility that a person might need both a state and federal license for acts of interstate commerce. For instance it is entirely possible that a federal license just allows a person to do whatever he is doing in state's where he has a license from that state.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880531) |
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Date: January 22nd, 2006 1:38 AM Author: drunken faggot firefighter
"because up to that point the government had no basis for saying a state couldn't do things like give monopolies on transport on roads within a state that connect states or various other shit."
What the hell? So up to that point the Supremacy and Commerce clauses didn't exist? Were these not "bases"? LOL
And stop already with the nonsensical hypos. This isn't a con law course. (Although I'd make a pretty good con law prof, were it not for my absolute impatience.)
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880655) |
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Date: January 22nd, 2006 1:42 AM Author: Electric sick property
they existed, but they had not really been tested like this yet. Again, you seem to be confusing a correct decision with an unimportant one.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880719)
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Date: January 22nd, 2006 1:45 AM Author: drunken faggot firefighter
Show me where I said Gibbons was unimportant.
I'll give you a million bucks.
HAHAHAHHAHAAaaaaaaaa
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880764) |
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Date: January 22nd, 2006 1:50 AM Author: Electric sick property
its not my fault that you called marbury "marshall" which is the name of another supreme court case.
And it doubly doesn't make sense because the marshall court was the authors of so many landmark cases. I could see if it was some obscure justice who only ruled on one case and there are no other cases that are commonly called by that name.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880819) |
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Date: January 22nd, 2006 1:54 AM Author: drunken faggot firefighter
HAHAHAHH I'm soooo glad you're latching on to this. Excellent work man!! See above where I referenced "Marbury v. Madison." ACTUALLY, I DID IT IN THE OP. HAhahahahah excellent work man!
(Are you mad yet? Yes? GOOD.)
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880866) |
Date: January 22nd, 2006 1:23 AM Author: clear offensive kitty cat messiness
'brown' is a joke.
schools in major cities are as segregated as ever. an abandoned public sector versus a well-funded private institution amounts to an even worse standard than 'seperate but equal' as far as public policy goes.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880455) |
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Date: January 22nd, 2006 1:35 AM Author: green multi-colored casino background story
well then let's let the poor blacks attend the same schools as the upper class whites.
oh, wait, the teachers' union and the libs will never let that happen. never mind.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880607) |
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Date: January 22nd, 2006 1:49 AM Author: clear offensive kitty cat messiness
i'm just a californian.
we grow our social problems and entrenched interest groups big around here.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880814) |
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Date: January 22nd, 2006 1:53 AM Author: clear offensive kitty cat messiness
they DO care when warehousing them is their business.
also, does everyone born after 1980 say 'poors'? it strikes me as horrible english.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880851) |
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Date: January 22nd, 2006 2:05 AM Author: green multi-colored casino background story
because vouchers cause them to be accountable. if the public school teachers/administrators do a bad job, students will leave, and some of them will have to be fired.
for obvious reasons, teachers/admins would prefer zero accountability, even if it means worse education for kids. liberals strongly support this-- they sip their lattes and send their kids to fancy schools, but the second someone suggest that a negro attend those same schools, they recoil in horror. i just don't get it.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880984) |
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Date: January 22nd, 2006 2:01 AM Author: clear offensive kitty cat messiness
...thereby completing the abandonment of any kind of attempt at quality public education.
and, even better for 'conservatives', giving state subsidies to religious schools.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880935) |
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Date: January 22nd, 2006 2:03 AM Author: green multi-colored casino background story
i'm an atheist. i don't give a shit about religion. however, i'd prefer that an inner city black teen get a high quality education at a religious school (with a dose of jeebus) than go to some school that will fail to do its job.
i still don't understnad how a liberal can look a family in the eye and say "Yeah, I know you want to send your kid to the upper class school in the other district, but we just don't want to see that happen. Stick with the crappy school."
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880959) |
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Date: January 22nd, 2006 2:08 AM Author: clear offensive kitty cat messiness
personally, i think that public education below the university level is a failure, and should be closed down across the board. in post-prop13 california, it's like red-tagging a house where the foundation and roof are trashed.
but until that happens, punching holes in the roof is probably not the best approach to fixing the delapidated house.
sadly, that's the conservative answer to almost any government function - make the government's role so corrupt and incompetent that we'll have no choice but to simply destroy it in the future. whether it is education and research, foreign engagement, or basic infrastructure, the approach is the same - loot it and wreck it.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881010)
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Date: January 22nd, 2006 2:10 AM Author: green multi-colored casino background story
"sadly, that's the conservative answer to almost any government function - make the government's role so corrupt and incompetent that we'll have no choice but to simply destroy it in the future. whether it is education and research, foreign engagement, or basic infrastructure, the approach is the same - loot it and wreck it."
perhaps in some other areas-- i don't proclaim to be an expert on every issue. however, in the field of education, an area which i have been involved in and try to follow, i find the liberal mentality repulsive, and i think the conservatives are spot-on.
no kid should be forced to attend a bad school. Period.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881026) |
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Date: January 22nd, 2006 2:18 AM Author: green multi-colored casino background story
it'd represent a defacto abandonment of the idea of public education for *everyone*, absolutely. i doubt that it will completely disappear. some public schools are on par with even the most elite private schools. they will not disappear.
note that we already have abandoned the notion of public education for *everyone*. right now the wealthy and privileged get to go to private schools.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881102) |
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Date: January 22nd, 2006 2:29 AM Author: green multi-colored casino background story
well, too many people get caught up in the fact that *some* students may elect to go to catholic schools.
in a perfect world, i'd prefer quality secular schools, but i'll take a good catholic school over a shitty public school anyday.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881195) |
Date: January 22nd, 2006 1:44 AM Author: Histrionic pink scourge upon the earth
Schenck but only because Im all in favor of putting liberals in prison for opening their mouths.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880752) |
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Date: January 22nd, 2006 2:02 AM Author: clear offensive kitty cat messiness
did you read the recent montefiore stalin book?
it is AWESOME. if you like history. it's in paperback now.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4880953) |
Date: January 22nd, 2006 3:20 AM Author: dark contagious patrolman wrinkle
my con law professor was a clerk for warren at the time of brown v board. i went to every class, but unavoidably -- and regrettably -- missed the one day that he had anything to say about that case
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4881600) |
Date: January 22nd, 2006 1:02 PM Author: fuchsia toilet seat
Roe not even worth a mention?
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4883038) |
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Date: January 22nd, 2006 8:22 PM Author: fuchsia toilet seat
fuck if i know this topic.
You tell me.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#4886835) |
Date: April 16th, 2006 6:09 AM Author: arousing black woman kitchen
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591588) |
Date: April 16th, 2006 6:10 AM Author: curious khaki forum dopamine
Not Brown if only because it only affected a relatively small percentage of the population.
Probably McCulloch v. Maryland.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591589) |
Date: April 16th, 2006 10:34 AM Author: Odious avocado church building weed whacker
Lawrence v. Texas, w00t!
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591822) |
Date: April 16th, 2006 10:56 AM Author: Ruby codepig
McCulloch v. Maryland.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591875) |
Date: April 16th, 2006 11:17 AM Author: ultramarine concupiscible dilemma
West Coast Hotel v. Parrish / Carolene Products. Massive impact.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591929) |
Date: April 16th, 2006 11:19 AM Author: violent hell generalized bond
Chevron USA
NOT!
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5591938) |
Date: April 16th, 2006 12:35 PM Author: adventurous cowardly digit ratio main people
Scott v. Sandford.
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5592195) |
Date: April 16th, 2006 3:35 PM Author: Gold Step-uncle's House Subject: Steel Seizure
Steel Seizure Case
(http://www.autoadmit.com/thread.php?thread_id=343915&forum_id=2#5593410) |
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