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DOES THIS MAKE YOU AS MAD AS IT MADE ME?

 
 
joefromchicago
 
  1  
Reply Wed 23 Feb, 2005 09:45 am
Foxfyre wrote:
Well if he can be silly, so can I. But I did learn this week that Germany doesn't have a constituiton.

Then you have learned at least one untrue thing this week.

The German Constitution ("Grundgesetz")
0 Replies
 
Foxfyre
 
  1  
Reply Wed 23 Feb, 2005 09:53 am
From Freeduck's source
Quote:
In a recent pair of drug-related cases, the Supreme Court ruled that federal sentencing guidelines are advisory and judges do not have to follow them in every case (U.S. v. Booker and U.S. v. Fanfan). This ruling, which surprised many, holds both promise and danger, depending on what Congress does.


But wouldn't mandatory sentences be a part of sentencing guidelines? This looks very much like a potential loophole. Or did Congress close it? I need to do some more research too.
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Walter Hinteler
 
  1  
Reply Wed 23 Feb, 2005 12:18 pm
<I just should have written 'BM' instead of my response instead of confusing some:wink: >



The Constitution of the Federal Republic of Germany is the Basic Law (Grundgesetz), and each of the Länder (states) also has its own State Constitution (Landesverfassung).

Quote:
Germany's constitution is called the Basic Law. When it became the constitution of West Germany in 1949, this name was chosen to mark its temporary nature as a constitution serving only one part of Germany. Since unification in 1990, the Basic Law serves as a constitution for all of Germany. Unlike the U.S. constitution, the Basic Law is a lengthy document of 141 clauses, called "articles." The Basic Law is not only amended by adding new clauses to the original document, but also by changing the text when necessary.
Source
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rodeman
 
  1  
Reply Wed 23 Feb, 2005 12:25 pm
"The United States is a nation of laws: badly written and randomly enforced." Frank Zappa
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FreeDuck
 
  1  
Reply Wed 23 Feb, 2005 01:01 pm
Foxfyre wrote:
From Freeduck's source
Quote:
In a recent pair of drug-related cases, the Supreme Court ruled that federal sentencing guidelines are advisory and judges do not have to follow them in every case (U.S. v. Booker and U.S. v. Fanfan). This ruling, which surprised many, holds both promise and danger, depending on what Congress does.


But wouldn't mandatory sentences be a part of sentencing guidelines? This looks very much like a potential loophole. Or did Congress close it? I need to do some more research too.


According to that column, sentencing guidelines are somehow different from mandatory minimum sentences. I think the idea is that judges can deviate from the guidelines, but the mandatory minimums are written into law. I'm not completely confident that I understand it, though.
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Foxfyre
 
  1  
Reply Wed 23 Feb, 2005 04:38 pm
When I mentioned the German constiuttion (or lack thereof) I was thinking of this post by Old Europe yesterday (in the E.U./China thread):

Quote:
We were required to read our 'Basic Law' in school. In Germany we don't have a constitution, because after '45 it was believed that the Federal Republic without the eastern part of Germany couldn't have a constitution, as the reunification was the proclaimed goal of the government. Writing a constitution was therefore seen as accepting the existence of a divided Germany.
After '89 there was a brief discussion whether or not the Basic Law should henceforth be called our constitution... But I guess people were just so used to refering to it as the Basic Law that nobody seriously bothered.

You can find the Basic Law here, it's 34 pages - and yes, we to pass a pretty intense test on it, too.


But if Germans do consider the Basic Law a constitution, then I stand corrected.
0 Replies
 
Walter Hinteler
 
  1  
Reply Wed 23 Feb, 2005 04:53 pm
Well, Foxfyre, we don't have a constitution and the USA doesn't have a parliament :wink:
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old europe
 
  1  
Reply Wed 23 Feb, 2005 05:03 pm
Laughing
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Foxfyre
 
  1  
Reply Wed 23 Feb, 2005 05:24 pm
LOL, very true Walter. Very true.
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