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Politics : Should God be replaced?

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To: TigerPaw who wrote (18897)12/8/2004 1:19:25 AM
From: E. Charters  Read Replies (1) of 28931
 
Constitutions do not have to be compendiums of law detailed item by item. The constitution is partly a framework and partly a raison d'etre. You cannot easily separate the two. For instance the separation documents of Canada were the Statute of Westminster and the British North America Act. These acts laid down the reasons for independence and structure of the country to be. The document of the British constitution was the Magna Carta. Within its 66 clauses are inherent the reasons for demands as well as the proposals of law. The DOI constituted a declaration of a new country. Its basis as a republic was declared, although not its complete and formal structure. Inherent in the declaration though, was its democratic nature.

Ask an experienced defense lawyer. What is a constitution within a country? It is a formational document that gives a basis for a government. The DOI is seminal in this regard, regardless of whether it is ever referred to by a Supreme Court.(When they refer to intention of the framers, though they have to take the DOI into account) They do not have to be right! EG.. in Canada few judge would or will allow reference to the Magna Carta as precedent. Yet it was. Ignorance is the only answer to that. Informed legal opinion could hardly separate the most important legal document in Britain from its governed colonies. The very intransigence of British parliament in not allowing precedents, inheritances and representation of British law to benefit Britain's colonists, led the American colonists to rebel in the first place. Their DOI was the "constitution" of that separation.

One of the only references to the Magna Carta in Britain in modern times was in British court in the 1980's. A lawyer challenged speed traps because the Great Charter forbade the laying of charges by a king's man without the testimony of two citizen of the realm as well. The Speed Trap Radar is not two citizens. Upon consideration the courts were obliged to disallow radar traps and all cases were thrown out for one year or more. As a matter of fact, so were parking tickets. It took a special act of British Parliament to validate the traffic act processes that depend solely on an officer's testimony. There is no doubt that it was done unconstitutionally. The whole science of lawyering was invented by the Plantagenets over a 400 year period, circumventing the Magna Carta's protective provisions in order to allow the French Kings to raise money off the people in usurious ways and jail their political enemies.

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