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To: 4ConservativeJustices
No, sovereign acts are by the people, in the case of ratification or secession by their delegates to convention - these delegates have no other powers. Public acts, as noted by the Supreme Court, are those performed by "an officer of the State government" or other "public officers purporting to be exercised in an official capacity" as noted above.

Even under that it's still a public act because they were commmissioned by the legislatures. Regardless, secession is a public act.

No. The delegates to the conventions were elected. Pursuant to Federal law, the states were bound to recognize the legality of the state acts calling for elections - "An Act to authorize and require the Governor of the State of Georgia, to call a Convention of the people of this State; and for other purposes therein mentioned."

They were commissioned by the legislatures, simple as that. Regardless, secession is a public act.

No. The states ensured that the powers NOT delegated nor prohibited remained with the states/people of the several states.

Article IV delegates that power to Congress. You admitted as much before.

The Constitution applies to "public acts", not to sovereign acts, and the "proof" of public acts has already been legislated.

The Constitution says "laws" not "law". So the Congress definitely has the power to guide how a state proves it's acts as Article IV says. Secession is not a simple marriage, it's a public act.

779 posted on 03/16/2004 9:36:38 AM 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
Even under that it's still a public act because they were commmissioned by the legislatures. Regardless, secession is a public act.

No. The legislatures were exercising there delegated duty to call for elections to convention. That was a public act. Once convened, the conventions enacted their own act - not as legislators - but as representatives of the sovereign of the state - the people. Article VII recognized the sovereign acts of the states as superior to legislative/public acts, "[t]he Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."

They were commissioned by the legislatures, simple as that. Regardless, secession is a public act.

See above.

Article IV delegates that power to Congress. You admitted as much before.

Article IV delegates the power to the federal congress as to the "proof" of state acts in other states. It cannot "prove" state acts affecting only the state itself. Congress is not delegated the power to "prove" sovereign acts.

The Constitution says "laws" not "law". So the Congress definitely has the power to guide how a state proves it's acts as Article IV says. Secession is not a simple marriage, it's a public act.

Correct on 1st part [laws], correct on second [proving state acts], wrong on third [public act]. See above. Also, the Supremacy clause fails to put the US Constitution above the sovereign of the several states - the people. The people crafted their state constitutions, and the federal Constitution - which are subservient to the people of the state.

787 posted on 03/16/2004 1:06:13 PM PST by 4CJ (||) OUR sins put Him on that cross - HIS love for us kept Him there. I approve this message. (||)
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