Grovelling for oil]

Steven Laib stevenlaib at SBCGLOBAL.NET
Tue May 27 19:40:49 MDT 2008


Actually, the Preamble should not be considered law, but it was cited 
as law in the totally mistaken decision in Texas v. White.  Not only 
was the Preamble to the Constitution cited, but the Preamble to the 
Articles of Confederation as well.
This is the only instance I am aware of when it happened.  I've gone 
through the various US Code services trying to fine another instance, 
and found none; not even the time in White, possibly because the 
citation could have been treated as dicta, however, without it, the 
opinion falls totally apart, not that it has much basis, in any event.

Of course, the decision was totally politically motivated, but I've 
never seen that stop many judges or justices when they get a  bee in 
their bonnet about deciding a certain way.

Steve

At 06:26 PM 5/27/2008, you wrote:
>Stephen A. Frye wrote:
> >>
> >>
> >>     First problem with liberals and the Constitution is that nastly
> >>     little first line that starts with "We the people...."    and
> >>     goes on to say"...promote the general welfare, and secure the
> >>     Blessings of Liberty to ourselves and  our prosperity....."
> >>     Oil does run our economy, and is a national security issue.....
> >>     so there they go..
> >>
> >
> >
> > I do believe it was decided long ago that the preamble is not law.
> >
>True but it can and should be use to determine the intent for court rulings.
>
>



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