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To: rustbucket
By your interpretation of the Fourth Article, essentially everything the states do is subject to Congressional approval or action because everything the states do has an effect, however large or small.

I never said they have to get approval. I said they have to allow the Congress to prescribe the way any state proves their acts.

This flies in the face of the Tenth Amendment.

The tenth amendment doesn't apply to secession because Article IV says that the Congress may prescribe laws for states to prove their acts. The tenth amendment says power not delegated to the United States. Article IV delegates to the Congress the power to prescribe laws for states to prove their acts.

645 posted on 03/10/2004 2:18:32 PM PST by #3Fan (Kerry to POW-MIA activists: "You'll wish you'd never been born.". Link on my homepage.)
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To: #3Fan
"The tenth amendment doesn't apply to secession because Article IV says that the Congress may prescribe laws for states to prove their acts. The tenth amendment says power not delegated to the United States. Article IV delegates to the Congress the power to prescribe laws for states to prove their acts."

Bullsh*t! Obviously if the power resides in the people as proscribed in the Declaration of Independence "Governments are created by consent of the governed" and that "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

And because as Madison said in the Federalist Papers - "Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution." --James Madison, Federalist No. 39

Federal means - Shared power between the central government and the States. Now look at who was supposed to hold the preponderance of power - "The State governments possess inherent advantages, which will ever give them an influence and ascendancy *over* the National Government, and will for ever preclude the possibility of federal encroachments. That their liberties, indeed, can be subverted by the federal head, is repugnant to every rule of political calculation." --Alexander Hamilton

So your misconstruing of the 10th Amendment is just plain stupid. It clearly states that "powers not delegated to the Federal Governmentby the Constitution, nor reserved by it (the same Constitution) to the states, remain with the states or the people!" And if that doesn't make it clear enough for you then perhaps the 9th will " The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

So if the people voted to nullify any laws they didn't agree with, then those laws are not legal and binding according to the Founders'. Read the Kentucky and Virginia resolutions.

I wasn't going to reply but your last post about the 10th Amendment proves how ignorant you are on this subject! Take your ranting about Article 4 and stick it where the sun doesn't shine - silly BOY!

692 posted on 03/11/2004 3:34:29 PM PST by Colt .45 ( Veteran - Pride in my Southern Ancestry! Falsum etiam est verum quod constituit superior.)
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