[Yahoo! Groups]                  Groups Home - Yahoo! - Account Info - Help
               -------------------------------------------------------------

                 [FREE 2001 Forecast from Astrocenter.com!]

Welcome, awdragon   Start a Group - My Groups - My Preferences - Sign Out
 RMNEWS_DAILY_EMAILS                                   [ Join This Group! ]

                    [Image]   Messages                                                           Messages Help

    Home                      Reply  |  Forward  |  View Source  |  Unwrap Lines
 [*]Messages                                                                               Message
       Post                     Message 13341 of 13366  |  Previous | Next  [ Up Thread ] Index       Msg #
    Chat                     From:  "Rayelan" <rayelan@m...>
    Files                    Date:  Sun Feb 11, 2001 4:04pm
    Promote                  Subject:  How to Challenge Unconstitutional Laws without Being First Charged for
    -----------------------  An Offense
    [owner] = Owner

    [moderator] = Moderator  ----- Original Message -----
                             From: David Feustel
    [online] = Online        To: home
                             Sent: Sunday, February 11, 2001 3:51 AM
                             Subject: How to Challenge Unconstitutional Laws without Being First Charged for An
                             Offense

                             The following code provides the basis for seeking declaratory relief in
                             federal court. It can be used, with the exceptions mentioned, to seek
                             judicial

                             nullification of unconstitutional statutes without the need to be first
                             prosecuted under them or admitting one is liable to such prosecution.

                             http://www4.law.cornell.edu/uscode/28/ch151.html

                             TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
                                PART VI - PARTICULAR PROCEEDINGS
                                   CHAPTER 151 - DECLARATORY JUDGMENTS

                             Sec. 2201. Creation of remedy

                                  (a) In a case of actual controversy within its jurisdiction, except
                                  with respect to Federal taxes other than actions brought under section
                                  7428 of the Internal Revenue Code of 1986, a proceeding under section
                                  505 or 1146 of title 11, or in any civil action involving an
                                  antidumping or countervailing duty proceeding regarding a class or kind
                                  of merchandise of a free trade area country (as defined in section
                                  516A(f)(10) of the Tariff Act of 1930), as determined by the
                                  administering authority, any court of the United States, upon the
                                  filing of an appropriate pleading, may declare the rights and other
                                  legal relations of any interested party seeking such declaration,
                                  whether or not further relief is or could be sought. Any such
                                  declaration shall have the force and effect of a final judgment or
                                  decree and shall be reviewable as such.

                                  (b) For limitations on actions brought with respect to drug patents see
                                  section 505 or 512 of the Federal Food, Drug, and Cosmetic Act.

                             Sec. 2202. Further relief

                             Further necessary or proper relief based on a declaratory judgment or decree
                             may be granted, after reasonable notice and hearing, against any adverse
                             party whose rights have been determined by such judgment.

                             ===================================================================
                             Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825
                             916/568-1022, 916/450-7941VM         Date: 02/11/01  Time: 00:08:32
                             http://www.constitution.org/     mailto:jon.roland@constitution.org
                             ===================================================================

                                Message 13341 of 13366  |  Previous | Next  [ Up Thread ]  Message    Msg #
                                                                                          Index
                              Reply  |  Forward  |  View Source  |  Unwrap Lines

  ------------------------------------------------------------------------
             Copyright © 2001 Yahoo! Inc. All rights reserved.
            Privacy Policy - Terms of Service - Guidelines - Help