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does anyone have a link to the Mchenry county case in the federal system?


Tvandermyde

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On 2/8/2023 at 7:35 AM, steveTA84 said:

Well, he seems to not have a moral

compass......

 

 

 

So, in his view, the ILGA can pass a law abrogating the First  Amendment, and that law must be enforced until found unconstitutional by a court.

That's what is actually being said here.

 

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On 2/8/2023 at 8:00 AM, springfield shooter said:

 

So, in his view, the ILGA can pass a law abrogating the First  Amendment, and that law must be enforced until found unconstitutional by a court.

That's what is actually being said here.

 

Yeah.  I haven’t paid much attention to this guy, but I’ve heard not good things (him being weak) from people that live in the area. Granted, he did sue, so....

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How does he square that with ACTUAL court decisions saying otherwise?

 

Quote

"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

 

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491.

 

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You have to read the whole article. I understand what he is saying and the dangerous area the legislature and gov have forced into.  Farther down he talks about prosecutorial discretion and it's justifiable use.

 

He's saying that justfiable use is different from stating emphatically a law will not be enforced and then doing nothing to correct it.   It must be challenged and fixed. 

 

Which he is trying to do. Read his court brief.

 

For a person whose life and livelihood has been based on belief in and practice of the rule of law,  this must be a nightmare of a crisis of consciousness (right word?).

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I understand what the sheriff is saying, but just because the legislative body states it is legal, doesn't make it so. The Nuremberg trials showed that the defense of 'just following orders' was not a valid defense unless you were directly under duress of physical harm. 

 

Knowing that the law/order you are given and following is illegal, you are responsible for your choice to follow them. 

 

By no means am I saying that we have reached the level of the awful genocide that was committed during that time frame leading to the Nuremberg trial, but the principal of knowingly doing something wrong just because those in charge says it is okay, can apply here.  

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