Virginia Beach noise ordinance is ruled unconstitutional
#1
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Virginia Beach noise ordinance is ruled unconstitutional
http://hamptonroads.com/2009/04/virg...constitutional
I bet if we went through the list of state laws line by line, i guarantee that we would find a hell of a lot more!
I also love how we have a police force that isnt free thinking and that would rather exercise 'authority' over common sense thinking and good judgment.
We have a ton of laws that have no real definition and basically let police do whatever they want because it APPEARS to be legal. How about we have a requirement that police know the constitution? even better, how about we have a constitutional committee at each level of government that challenges the constitutionality of laws before they are passed?
Gotta love big outta control government
Spoiler
I also love how we have a police force that isnt free thinking and that would rather exercise 'authority' over common sense thinking and good judgment.
We have a ton of laws that have no real definition and basically let police do whatever they want because it APPEARS to be legal. How about we have a requirement that police know the constitution? even better, how about we have a constitutional committee at each level of government that challenges the constitutionality of laws before they are passed?
Gotta love big outta control government
#2
Re: Virginia Beach noise ordinance is ruled unconstitutional
So what you're saying is, we need a smaller police force, but a larger government?
I mean, if you want a committee at every level to review the constitutionality of every law before it's even voted on, that sounds like a lot of overhead.
I mean, if you want a committee at every level to review the constitutionality of every law before it's even voted on, that sounds like a lot of overhead.
#3
Re: Virginia Beach noise ordinance is ruled unconstitutional
Hes saying we need another giant govt organization to install committees at every level of govt right on down to the local police force, but then he says F big govt
#4
Re: Virginia Beach noise ordinance is ruled unconstitutional
I mean, since we already have one separate branch of the government that is in charge of determining the constitutionality of laws that are challenged, someone who hates big government wants add even more to it....
....but pay lower taxes.
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Re: Virginia Beach noise ordinance is ruled unconstitutional
You wouldn't expect that a speeding law would be passed without the police having radar/laser/etc guns, because that would be unconstitutional ("I'm not sure how fast you were going, but it looked over the speed limit..here's your ticket, see you in court"), and the noise ordinance is the same thing. People are educated enough in their daily lives to know that, but they obviously aren't educated enough to equip officers with dB meters while passing a noise ordinance. So the disconnect here isn't the lack of a constitutional review board, it's the lack of proper education of the lawmakers pertaining to the laws they are passing.
Last edited by Fabrik8; 04-17-2009 at 06:13 PM.
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Re: Virginia Beach noise ordinance is ruled unconstitutional
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Re: Virginia Beach noise ordinance is ruled unconstitutional
I don't think that's what this is about. Whether a law is deemed unconstitutional is a separate issue than whether that law can actually be enforced properly and accurately. A law was passed without an actual way to enforce it competently. Some areas in other states that have noise ordinances issue decibel meters to officers to measure exhaust noise level during traffic stops. Virginia doesn't issue dB meters, and there is no way to measure decibel level by ear. So I agree that without a way to enforce the law, the law is unfair. I also would agree that there is no reason to judge the constitutionality of every law that is proposed, because it is not necessary in most instances. If the proper legwork is done during the proposal process, it should already be known whether it is constitutional or not, except in rare cases that have to be determined down the road a while. So I guess I'm not sure what this argument is really about.
You wouldn't expect that a speeding law would be passed without the police having radar/laser/etc guns, because that would be unconstitutional ("I'm not sure how fast you were going, but it looked over the speed limit..here's your ticket, see you in court"), and the noise ordinance is the same thing. People are educated enough in their daily lives to know that, but they obviously aren't educated enough to equip officers with dB meters while passing a noise ordinance. So the disconnect here isn't the lack of a constitutional review board, it's the lack of proper education of the lawmakers pertaining to the laws they are passing.
You wouldn't expect that a speeding law would be passed without the police having radar/laser/etc guns, because that would be unconstitutional ("I'm not sure how fast you were going, but it looked over the speed limit..here's your ticket, see you in court"), and the noise ordinance is the same thing. People are educated enough in their daily lives to know that, but they obviously aren't educated enough to equip officers with dB meters while passing a noise ordinance. So the disconnect here isn't the lack of a constitutional review board, it's the lack of proper education of the lawmakers pertaining to the laws they are passing.
seriously dood, is there anything you DONT know? u must read a hell of a lot.
i totally agree that if our representatives were actually there to uphold the constitution first then represent the people we wouldnt have this problem. unfortunately, they want to please the people first. thats why we have shit like welfare and social security. but whatever.
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Re: Virginia Beach noise ordinance is ruled unconstitutional
Technically to become a law it is considered constitutional. The problem is that laws are connected to the constitution in strange ways and thats when it goes to the supreme court, which is what happened in the U.S v. Lopez case
#9
Re: Virginia Beach noise ordinance is ruled unconstitutional
It also falls under the "reckless driving" or "Driving too fast for conditions" clauses. It's completely subjective and quite effective in convicting people. Also "following too closely", and "Aggressive driving".
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Re: Virginia Beach noise ordinance is ruled unconstitutional
fact is, most of these if not combined with a speeding infraction can be fought and won in court with a lawyer. its not that hard. i did it last week. LOL