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- Xref: sparky alt.conspiracy:12356 talk.politics.misc:61045 misc.legal:20207
- Path: sparky!uunet!spool.mu.edu!news.nd.edu!bsu-cs!bsu-ucs.uucp!00rdharringt
- From: 00rdharringt@leo.bsuvc.bsu.edu (Rob Harrington)
- Newsgroups: alt.conspiracy,talk.politics.misc,misc.legal
- Subject: Re: LBJ's anti-nepotism law (was: Hillary will not...)
- Message-ID: <1992Nov20.080129.12158@bsu-ucs>
- Date: 20 Nov 92 13:01:28 GMT
- References: <1992Nov19.173101.25548@midway.uchicago.edu> <1992Nov19.192402.22116@cs.ucla.edu> <1992Nov19.232131.8881@midway.uchicago.edu> <1992Nov20.014525.853@cs.ucla.edu>
- Organization: Ball State University
- Lines: 59
-
- In article <1992Nov20.014525.853@cs.ucla.edu>, pierce@lanai.cs.ucla.edu (Brad Pierce) writes:
- > In article <1992Nov19.232131.8881@midway.uchicago.edu> thf2@midway.uchicago.edu writes:
- >
- >>There are no such states to my knowledge. There are some states, such
- >>as Massachusetts, where the Supreme Court of the state may offer advisory
- >>opinions on pending legislation. One of these advisory opinions led Dukakis
- >>to make his now-infamous veto of the mandatory pledge of allegiance in
- >>the public schools.
- >
- > Why is his veto now "infamous"?
- >
- I'm assuming the it's now imfamous because of the 88 election...
-
- >>There's a good case to be made for not reviewing legislation until
- >>someone who is actually aggrieved by the legislation challenges it.
- >
- > Is there also a good case for passing and signing unconstitutional
- > legislation that
- >
- > (1) aggrieved parties are unlikely to dare challenge
- > or
- > (2) aggrieves only parties without the means to mount an effective
- > legal challenge?
- >
- > Why can't *any* US citizen challenge the constitutionality of a Federal
- > law? If the "anti-nepotism" law is unconstitutional, then it arguably
- > aggrieves not only a USA President who wants to make full use of the
- > talents of a highly qualified relative, but also all those US citizens
- > who want the US Constitution to be the highest law of the land.
- >
- The way I understand it, you have to have some reason to challenge it...
-
- For example, you can't wake up in the morning and decide that you'll challenge
- Johnson's Anti-Nepotism law if your not affected by it. Here's a scenerio...
- Bill nominates Hillary to be AG, and for some unknown reason she confirmed by
- the Senate. Sen Dole could then make use of this law and tell her either her
- or Bill must go. Bill could then take it up with the Supreme Court on
- the grounds that it's unconstitutional, after all it's his rights being
- violated as Chief Executive. But it wouldn't come before the Court until
- it happens...
-
- > Incidentally, has the War Powers Act ever been challenged?
-
- Well, it's never been really tested. Desert Storm was the first time since
- the War Powers Act that it could have been invoked. But Bush got approval
- of Congress which eliminated the War Powers Act. Remember that the Commander
- in Chief can use his forces as he likes for 90days, after that he must get
- approval from Congress. That is if the WPA is constitutional...
-
- --
- /---------------------------------------v-------------------------------------\
- | Rob Harrington | Ball State University |
- | Department of History | Muncie, Indiana, USA |
- | Vax--00RDHARRINGT@leo.bsuvc.bsu.edu | Unix--herring@bsu-cs.bsu.edu |
- >---------------------------------------^-------------------------------------<
- | Clinton/Gore '92 |
- | Ball State University - University Democrats |
- | Not a spokesperson - REPEAT - Not a spokesperson |
- \-----------------------------------------------------------------------------/
-