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Old 27-06-2013, 11:37   #91
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Re: Legal Stuff

when it comes right down to it I'm less worried about terrosits than am about the everyday wacko, afterall the wackos are everywhere walking around just waiting to go off

far as this "legal stuff" the ship has long sailed and everyone knows that once power is gained it isn't freely given up
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Old 27-06-2013, 21:42   #92
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There is a legal principle that is used to weigh the interests of the government against the constitutional rights (especially the 1st ten amendments). It's called "Strict Scrutiny". It hinges on 3 criteria. The are: the policy must be the as narrowly tailored as possible to achieve the goal; it must be the least restrictive means of achieving the goal; and it must be justified by a compelling governmental interest.

You could argue that the USCG policy is too broad or that the compelling need no longer exists but people need to disabuse themselves of the notion that the Constitution is sacred. There are many things that preempt the constitution for the greater good: Affirmative Action clearly allows people to be treated differently under the law but it has withstood several Strict Scrutiny challenges. Indeed, the US Supreme Court just ordered the lower courts to re-examine Affirmative Action using Strict Scrutiny.

So, if you are boarded and given a ticket, you can appeal all the way up to the Supreme Court and maybe get the policy struck down. Good Luck with that.
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Old 27-06-2013, 23:46   #93
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Re: Legal Stuff

We were boarded in the Gulf of Mexico during the Grand Isle Tarpon Rodeo in the mid 90's. It was a big boat, ship actually. We were in federal waters. The crew on deck overseeing the boarding party were armed and weapons drawn. I could only see the few at the rail during the boarding. The boarding was to check our fish catch for compliance with federal regulations. The two CG folks spent about 20 minutes measuring the smaller ones for minimum length and species. We had reef fish, snapper and the like and the limit was 5 in the aggregate. We had 4 on board so there were quite a few to go through. After we were found in compliance, they explained they were on a training cruise and had reserves on board so everything by the book. The drawn guns were a little over the top we thought.
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Old 28-06-2013, 05:31   #94
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Re: Legal Stuff

Quote:
Originally Posted by CaptainDana View Post
There is a legal principle that is used to weigh the interests of the government against the constitutional rights (especially the 1st ten amendments). It's called "Strict Scrutiny". It hinges on 3 criteria. The are: the policy must be the as narrowly tailored as possible to achieve the goal; it must be the least restrictive means of achieving the goal; and it must be justified by a compelling governmental interest.

You could argue that the USCG policy is too broad or that the compelling need no longer exists but people need to disabuse themselves of the notion that the Constitution is sacred. There are many things that preempt the constitution for the greater good: Affirmative Action clearly allows people to be treated differently under the law but it has withstood several Strict Scrutiny challenges. Indeed, the US Supreme Court just ordered the lower courts to re-examine Affirmative Action using Strict Scrutiny.

So, if you are boarded and given a ticket, you can appeal all the way up to the Supreme Court and maybe get the policy struck down. Good Luck with that.
well if we have a member with a nord 120, and 10's of millions they cant figure out where to spend, it could be done. justice is blind, but it knows what money smells like.
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