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To: PapaNew
The Supremacy Clause puts the Constitution as the Law of the Land.

Correct — there are those who push the idea that the phrase and the Laws of the United States which shall be made in Pursuance thereof means that all federal 'laws' are legitimate/superior to the state laws: this is obviously wrong, as any law not made pursuant the Constitution is not covered by the clause.

Valid legislation and judicial decisions are those which are commensurate with and subservient to the Constitution.

Fully agreed.

Unconstitutional law is, as Blackstone said about unjust law, "No law."

This is true — one big problem is how some of these laws are embraced by "conservatives".
An excellent example is the War on Drugs, which in order to support as legitimate you have to accept that the federal government can regulate intrastate commerce [and, arguably, non-commerce] via the interstate commerce clause.

12 posted on 04/17/2014 10:58:17 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
We seem to be in sync.

One of the hallmarks of "conservatism" is the idea of abiding by the law, based probably on the idea of living by the rule of law rather than the rule of man. But there's two problems that seem to be lost on conservatives and others on the Right.

The first problem is distinguishing the KIND of law they're adhering to. Just because it's a law doesn't make it just or right or good. The Right needs to distinguish between constitutional and just laws versus unconstitutional and unjust laws.

The rule of Law in America is the Constitution, not any old hair-brained statute or judicial decision handed down. But it's also important to understand what a just law is, becasue, IMO by-and-large the Constitution is a just law. Right-thinking people need to understand that just laws PROTECT an individual's unalienable rights to life, liberty, and pursuits and DO NOT INTERFERE with an individual if he is not harming another's unalienable rights. Seatbelt laws and Obamakill are unjust becasue they interfere with an individual's personal freedom to choose in private.

The second problem is that there are way too many laws in our land. By definition, the more laws, the less freedom. I'm not sure a lot of conservatives get that. In fact, I've talked with some conservatives who don't seem to be fully convinced in the value of freedom.

To the degree "conservatives" love America, I'm a conservative. But I think I'm more of a libertarian (small "l", not the party - so many get confused about that also) because I believe in individual liberty and believe that's what America stands for - why people have died to get here and have died defending her.

13 posted on 04/18/2014 8:33:16 AM PDT by PapaNew
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