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batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
reply to fiberguy

Re: And so it begins....

said by fiberguy:

I hate to tell you but you need to study up on the House of Reps and the power they have over the Supreme Court.

So, I'm sorry, but such a law, if passed using the correct methods in the House of Reps, can actually become the law of the land.

I'll try to keep this simple. The US of A has three branches of government. Executive, legislative (upper and lower house) and the SCOTUS. For a bill to become a law requires the House of Reps and the Senate to pass it by 51% and the president to sign it. If the president vetoes it it still can become law if both houses pass it by a 75% vote.

If the SCOTUS declares a law unconstitutional the only way it can become law is with a constitutional amendment. This is 5th grade civics.

Skippy25

join:2000-09-13
Hazelwood, MO
So are you claiming this ruling gives corps the constitutionally protected right of binding arbitration?

I did not read the ruling and probably wont, but did they find this to be AT&T's constitutional right to do this or did they just say that they are within current law to include it and the lower courts were incorrect in their reasoning for not allowing it?


batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
said by Skippy25:

So are you claiming this ruling gives corps the constitutionally protected right of binding arbitration?

I did not read the ruling and probably wont, but did they find this to be AT&T's constitutional right to do this or did they just say that they are within current law to include it and the lower courts were incorrect in their reasoning for not allowing it?

The ruling states that it can be in a contract it does not force anyone to agree to it. In fact if force is used the contract would be null and void.

Let me give it to you cold and hard; a residential or small business subscriber is low ROI and if they don't get one no big deal. So if one doesn't agree to arbitration most likely no service except POTS.

Now a Bloomberg or the State of New Jersey is a large ROI and they negotiate their own contracts.

This is an example; a small, very small, 10 x10 mom and pop store that sells cigarettes, newspapers and lottery tickets has his land line go out at 2 AM. He will be given a 24 hour time frame for repair. Now if his lottery machine goes out a tech would be dispatched immediately because the machines are under contract to the state.

This ruling just says a company can put whatever is legal in a contract and a subscriber has the right to agree to it, change it, or not sign it. These are not vital regulated services.

I find it much more disturbing that they can change the language of the agreement or cut off your service for any reason. This has not been challenged because there is no money in it for the ambulance chasers.