MEDIA: Federal Law, All Delegates are unbound

[MMXII]

Examiner

hxxp://www.examiner.com/article/federal-law-all-delegates-are-unbound

 

[WashingtonGrove]

Thank you for posting my article!

 

[sailingaway]

Thank you for posting my article!

welcome to the forums!

There is a thread on this, but the article is new, so....

 

[eleganz]

sick...now how do we win the TX state convention?

 

[MMXII]

Thank you for posting my article!

Cool.

 

[phill4paul]

Train kept a rollin'.....

+rep WashingtonGrove.

 

[devil21]

I said it in the other thread and Ill say it in this one. The CFR argument doesn't apply to 42 USC since the CFR section is incorporated in 2 USC, not 42 USC. The SCOTUS ruling relating to the Voter Rights Act is a good find however. The CFR part needs to be thrown out though. It only applies to 2 USC which is about campaign finance. Definition of terms in statute can, and do, vary from statute to statute.

 

[dusman]

I said it in the other thread and Ill say it in this one. The CFR argument doesn't apply to 42 USC since the CFR section is incorporated in 2 USC, not 42 USC. The SCOTUS ruling relating to the Voter Rights Act is a good find however. The CFR part needs to be thrown out though. It only applies to 2 USC which is about campaign finance. Definition of terms in statute can, and do, vary from statute to statute.

Interesting. In what circumstances does a definition of a term vary in its application in law? One in particular I've been curious about is the definition of Motor Vehicle in the US Code. One of my friends claims he was able to defeat a traffic ticket based off of this approach, since he wasn't operating in a commercial capacity.

18 U.S.C. - Section 31

(6) Motor vehicle. - The term "motor vehicle" means everydescription of carriage or other contrivance propelled or drawnby mechanical power and used for commercial purposes on thehighways in the transportation of passengers, passengers andproperty, or property or cargo.
Sorry to derail..

 

[devil21]

It varies based on how it is defined in the Act, Title, etc. Definitions do not cross-over from Title to Title unless expressly stated. Code of Federal Regulations is administrative regulations for the agency specified in the Title and the CFR section is always tied to a particular Act or Title/subsection. You can't take a definition from one Title and apply it to another unless it expressly says so. In basic terms, it doesnt matter what 2 USC says unless 42 USC, the VRA which is claimed as the basis, says to incorporate 2 USC's definitions. (Nope, 42 doesnt incorporate 2's definitions)

Motor vehicle is a good example of that. There are various defs of that term throughout the USC. Your friend is pulling your leg. He didn't beat a traffic ticket based on that definition because federal vehicle violations fall under the Assimilative Crimes Act, which applies STATE law to vehicle violations on federal property. There is no traffic code in federal law.

 

[mport1]

I hope Ron Paul people will not be intimidated by the GOP and vote Ron Paul no matter what 1st ballot.

 

[wongster41]

This is huge, great find and spread this.