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Thread: Legal name = mark of the beast ?

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  1. #1
    Quote Originally Posted by Chex View Post
    Social security always baffled me, I could never understand why I had to enlist into this program when I didn’t want it; never the less at fourteen I was told I needed this to get a job.
    I think I can explain this.

    If you look at the case Ashwander v. Tennessee Valley Authority, you will note that there is a standard for raising a Constitutional issue.

    If you avail yourself of a statute or act, you will be unable to raise a Constitutional issue. The issue becomes merely administrative.

    This is why it is important to correct your status and remove one's self from statutory benefits.

    Ashwander rule

    1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding, declining because to decide such questions "is legitimate only in the last resort, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act."[1]

    2. The Court will not "anticipate a question of constitutional law in advance of the necessity of deciding it." [2] "It is not the habit of the Court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case." [3]

    3. The Court will not "formulate a rule of constitutional law broader than is required by the Precise facts to which it is to be applied." [2]

    4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter. Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground.

    5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation. Among the many applications of this rule, none is more striking than the denial of the right to challenge to one who lacks a personal or property right.

    6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

    7. "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided." [4]
    Many of the other one's are important too.
    Last edited by shikamaru; 06-10-11 at 09:54 AM.

  2. #2
    Thank-you everyone for your contributions.
    So much meat to chew on here !!

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