| Author | Topic: Montana Says "Fuck Citizen's United" (Read 370 times) |
Vene God
     Attention Whore member is offline
![[avatar] [avatar]](http://oi56.tinypic.com/30c6tra.jpg)
Bishiftual
Joined: Mar 2009 Gender: Male  Posts: 9,369 Location: The land of the ice and snow
|  | Montana Says "Fuck Citizen's United" « Thread Started on Jan 3, 2012, 11:37am » | |
Corporations are artificial creatures of law. As such, they should enjoy only those powers—not constitutional rights, but legislatively-conferred powers—that are concomitant with their legitimate function, that being limited liability investment vehicles for business. Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people—human beings—to share fundamental natural rights with soulless creations of government. Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency, and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons. http://www.alternet.org/story/153623/mon....te?p age=entire
Only one judge dissented, on the basis that the Supreme Court says otherwise not on the basis that the Supreme Court made the right call as he most definitely disagrees with it.
|
|
|
N. De Plume God
     member is offline
![[avatar] [avatar]](http://images.proboards.com/avatars/boyandpc.gif)
Nom nom nom nom…
Joined: Aug 2011 Gender: Male  Posts: 862 Location: At a desk
|  | Re: Montana Says "Fuck Citizen's United" « Reply #1 on Jan 3, 2012, 11:47am » | |
Yay, Montanna!
|
- a pen name |
|
cestlefun17 God
     member is offline
![[avatar] [avatar]](http://www.bizarrebytes.com/wp-content/uploads/2010/10/White-Lady-3.jpg)
Liberté, Égalité, Fraternité
Joined: Apr 2010 Gender: Male  Posts: 703 Location: Paris
|  | Re: Montana Says "Fuck Citizen's United" « Reply #2 on Jan 3, 2012, 11:51am » | |
While I disagree with Citizens United, I also disagree with both the majority and dissenting opinions in the Montana case. The Montana Supreme Court is bound by all relevant United States Supreme Court rulings and cannot cherry-pick which ones it wants to follow. The one judge's dissenting opinion was also completely inappropriate as courts are not supposed to issue advisory decisions. The judge's personal opinions of the Citizens United case are completely irrelevant.
As Montana is bound by Amendment I to the United States Constitution (and all the legally binding interpretations thereof) through Amendment XIV, this ruling will not stand.
|
Les hommes naissent et demeurent libres et égaux en droits. —Déclaration des droits de l'Homme et du Citoyen
Elle est retrouvée. Quoi ? — L’Eternité. C’est la mer allée Avec le soleil. —Arthur Rimbaud, "L'Éternité" |
|
erictheblue God
     member is offline
![[avatar] [avatar]](http://i212.photobucket.com/albums/cc56/bardkesnit/landshark.jpg)
Land Shark
Joined: Mar 2009 Gender: Male  Posts: 1,640
|  | Re: Montana Says "Fuck Citizen's United" « Reply #3 on Jan 3, 2012, 8:22pm » | |
Jan 3, 2012, 11:51am, cestlefun17 wrote:| While I disagree with Citizens United, I also disagree with both the majority and dissenting opinions in the Montana case. The Montana Supreme Court is bound by all relevant United States Supreme Court rulings and cannot cherry-pick which ones it wants to follow. |
|
Actually, no. When interpreting state law, state courts can (and do) go against what the USSC says. (If the USSC decision directly addresses the state law, they have to follow the USSC, but if the state law has aspects that were not at issue in the USSC holding, the state court can interpret those aspects per their own precedent.) State law cannot conflict with federal law, of course, but state law can go farther. (This is the reason why some states can outlaw capital punishment, even though the USSC has said the DP is OK.)
|
The Internet: Where women are men, girls are men, and children are the FBI. --------------------- I'm a piece of work, I'm a love sick boy Cloth cap, caviar, and corduroy All over the map, justa lost in space With a filthy mind and a choirboy's face Heels up, head down, straight on through Watch out woman, I'm a get to you I'm a gladiator with a mind to irk I'm a see you later, I'm a piece of work |
|
ironbite God
     Chibi Does NOT Mean Harmless! member is offline
![[avatar] [avatar]](http://i98.photobucket.com/albums/l241/ironbite4/chibibite.gif)
I'm the cutest thing ever to come out of the Jurrassic Age.
![[aim] [aim]](http://images.proboards.com/aim.gif)
Joined: Mar 2009 Gender: Male  Posts: 8,975 Location: The space between the cracks..
|  | Re: Montana Says "Fuck Citizen's United" « Reply #4 on Jan 3, 2012, 8:41pm » | |
I believe that calls for an OH SNAP gif.
|
Mar 5, 2009, 1:51am, redhunter wrote:I think the thought of ironbite licking Caitshidhe's ears till cows came is far more disturbing than any naked flesh we could post. Sexy thoughts are universally ruined by the introduction of farm animals.
|
|
3/4/09-the day I creeped out Redhunter I will beat you out of existance. Skype: shadowbitehorn |
|
cestlefun17 God
     member is offline
![[avatar] [avatar]](http://www.bizarrebytes.com/wp-content/uploads/2010/10/White-Lady-3.jpg)
Liberté, Égalité, Fraternité
Joined: Apr 2010 Gender: Male  Posts: 703 Location: Paris
|  | Re: Montana Says "Fuck Citizen's United" « Reply #5 on Jan 3, 2012, 10:13pm » | |
Quote:| Actually, no. When interpreting state law, state courts can (and do) go against what the USSC says. (If the USSC decision directly addresses the state law, they have to follow the USSC, but if the state law has aspects that were not at issue in the USSC holding, the state court can interpret those aspects per their own precedent.) State law cannot conflict with federal law, of course, but state law can go farther. (This is the reason why some states can outlaw capital punishment, even though the USSC has said the DP is OK.) |
| Thank you for clarifying. But does the state law conflict with the the USSC ruling or not? I did say that the Montana Supreme Court was bound by all relevant Supreme Court cases, and as the 1st Amendment applies to the states via the 14th, it isn't purely a federal matter.
It seems like Montana wants to restrict corporate speech when the Supreme Court has ruled against that. The state decision isn't going farther, giving greater 1st Amendment protections, but rather being more restrictive of the 1st Amendment by saying that Citizens United went too far basically. I didn't think this was allowed.
|
Les hommes naissent et demeurent libres et égaux en droits. —Déclaration des droits de l'Homme et du Citoyen
Elle est retrouvée. Quoi ? — L’Eternité. C’est la mer allée Avec le soleil. —Arthur Rimbaud, "L'Éternité" |
|
Wykked Wytch God
     member is offline
![[avatar] [avatar]](http://img195.imageshack.us/img195/5513/facexj.jpg)
Bah, humbug
Joined: Jul 2010 Posts: 715
|  | Re: Montana Says "Fuck Citizen's United" « Reply #6 on Jan 3, 2012, 10:25pm » | |
Jan 3, 2012, 8:41pm, ironbite wrote:| I believe that calls for an OH SNAP gif. |
|
|
No, I don't want your baby. I already ate. |
|
Smurfette Principle God
     member is offline
![[avatar] [avatar]](http://img413.imageshack.us/img413/7973/194036705483839861.jpg)
Books.
Joined: Aug 2010 Gender: Female  Posts: 2,554 Location: The Forest Of Fangorn
|  | Re: Montana Says "Fuck Citizen's United" « Reply #7 on Jan 3, 2012, 10:39pm » | |
NAKED VAMPIRE SANTA
|
|
|
Art Vandelay God
     The Asexual Grand Admiral member is offline
![[avatar] [avatar]](http://media.tumblr.com/tumblr_lm7kelySJQ1qbkjkd.gif)
[Insert mildly amusing phrase here]
Joined: Mar 2009 Gender: Male  Posts: 7,649 Location: Mildly-Amusingville
|  | Re: Montana Says "Fuck Citizen's United" « Reply #8 on Jan 3, 2012, 11:28pm » | |
Jan 3, 2012, 8:22pm, erictheblue wrote:| (This is the reason why some states can outlaw capital punishment, even though the USSC has said the DP is OK.) |
|
That's right people, the United States Supreme Court as rules that double penetration is a-ok.
|
|
|
kristine God
     member is offline
![[avatar] [avatar]](http://i524.photobucket.com/albums/cc322/kmremick/149id7npol7.gif)
You can have your own truth, you cannot have your own facts.
Joined: Jul 2009 Gender: Female  Posts: 1,866
| | |
|