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Originally Posted by rottweiler
You started out talking about adminstrative law right? That is color of law or fictions like the strawman and lack of corpus delecti.
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I believe you to be wrong rott. I feel that administrative law is law the regulates an activity PROPERLY regulated by the state and eforcable on those who engage in such activity. I feel that as long as it is applied to those it supposed to the administrative law will survive any attack on constitutional grounds provided that the agency is itself constitutional (such as the state bar) and that the laws do not impinge upon unalienable rights.
What is color of law is when they obfuscate everything to muchk it up and pretend that the unengaged individual is subject to the admin. law.
Take Sandman. The obfuscation occured in his court when the judge told him point blank the action against him was criminal like murder durring his arraignment. In his trial the judge says "no, it is not criminal." This is color of law. They are pretending law so as to mask to administrative aspect of it all.
The law is good because it applies to only certain classes.
Are you in that class... In most cases administrative law must be promulgated with rules in the "code of regulations."
Anyway... I would try really hard to understand this stuff without using Roger Elvick Straw man language and "fiction" and crap. It is not used that often in actual law yet the concepts ARE explained well without them and if you grow used to using those words you are only alienating yourself form the judge who speaks a different language.
