To: Road Walker who wrote (224763 ) 3/17/2005 8:10:56 PM From: TimF Read Replies (1) | Respond to of 1572033 Oh yes it is, always has been. Why do you think the Reps are so hot of "sentencing guidlines". They want to shut down the local, fluid, personal decision part. If the law allows for differing penalties for the same crime, the law is not fluid but rather flexible. The difference being the law doesn't change but it allows for more than one action by the judge. Sentencing guidelines decrease the flexibility which might be considered either a good or bad thing. Wrong. The constitution can't, as we both admit, be specific on issues 200 years after the fact. But it still represents the ideals of our country, and interpretation based on what it does say That last part is important. Drop that and you don't have rule of law you have rule by judges which is not the same thing. The judiciary has a place in this system; they interpret the law based on the constitution. Exactly based on the constitution. And if the constitution is totally silent on an issue then the states retain the power under 10th amendment. If the constitution does gives the feds power in the area of concern then the feds can regulate it unless it goes against specific limitations that have been placed on the federal government. Not if you read the legal scholars Strictly speaking that should be "Not if you agree with the legal scholars", to which I would add not all legal scholars. It's clearly stated in the constitution that elections are the responsibility of the states. According to how the state legislature set the law before the election. Article 1 section 4 Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. Article. II. Section. 1. Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct , a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Clause 4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United Stateshouse.gov