[ale] Drifting OT: Re: I have fallen in love with Truecrypt

[Michael B. Trausch]

On Fri, 2011-02-11 at 14:15 -0500, Damon L. Chesser wrote:
> On Fri, 2011-02-11 at 12:04 -0500, Michael B. Trausch wrote: 
> > On Fri, 2011-02-11 at 11:48 -0500, David Tomaschik wrote:
> > > (Oh yeah, and I have this crazy notion that the 1st, 4th, and 5th
> > > amendments -- among others -- still apply to me.) 
> > 
> > +1
> > +1
> > +1
> > +1
> > +10000000000
> > +eleventyone!!1!1!1!11!
> > 
> 
> I agree.  I am not doing anything illegal, but you can not search my
> property with out a warrant.  However, I am confused by GA law.
> http://www.georgiapacking.org/caselaw/ states that in Brewer v. State
> The Supreme Court of the State of Georgia declares that the
> protections guaranteed by the Second Amendment to the United States
> Constitution do not apply to Georgia.
> 
> This confuses me.  The Bill of Rights are rights of The People, not
> the States.  Does Ga. have the right to limit religion or speech or
> search?

I think that if such a case fell before SCOTUS, they'd have something
quite different to say about that.  States are not technically allowed
to contradict laws at the Federal level, nor are they technically
allowed to contract the US Constitution.  (Actually, what it really is:
jurisdictions are not allowed to contradict superordinate jurisdictions;
they can extend them.  So for example, a state can impose additional
penalties over those specified by Federal law, but it cannot
decriminalize something that is illegal in the superordinate
jurisdiction---nor can it criminalize something explicitly made legal in
the superordinate jurisdiction.)

In _practice_, however, it can be somewhat different.  A jurisdiction
will often act in a way not permitted by our legal system.  As with
trying a case in court, the law is selectively enforced.  What I mean by
that is that in a court, a lawyer must raise an objection to call the
referee (the judge) to make a ruling or impose a penalty.  The referee
doesn't proactively call out things which are technically disallowed.
So it is with jurisdictions: someone must call "objection" to the
superordinate jurisdiction before it will step in (in some stupid,
pompous and legally prescribed manner, probably) and deal with the
problem.

	--- Mike
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 198 bytes
Desc: This is a digitally signed message part
Url : http://mail.ale.org/pipermail/ale/attachments/20110211/987ae1cd/attachment-0001.bin