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To: Ohioan; arrogantsob; rustbucket
arrogantsob:The Continental Congress preceded the states

Ohioan:The Founders never intended to interfere with those--hence the absolute absence of any functional delegation to Congress of powers to engage in social engineering. Even John Marshall, a strong advocate for Federal Powers, recognized that control over Health, Safety & Morals (the Police Powers) were left to the States.

Virginia ratification convention:

Mr. John Marshall asked if gentlemen were serious when they asserted that, if the state governments had power to interfere with the militia, it was by implication. If they were, he asked the committee whether the least attention would not show that they were mistaken. The state governments did not derive their powers from the general government; but each government derived its powers from the people, and each was to act according to the powers given it. Would any gentleman deny this? He demanded if powers not given were retained by implication. Could any man say so? Could any man say that this power was not retained by the states, as they had not given it away? For, says he, does not a power remain till it is given away? The state legislatures had power to command and govern their militia before, and have it still, undeniably, unless there be something in this Constitution that takes it away.

For Continental purposes Congress may call forth the militia,--as to suppress insurrections and repel invasions. But the power given to the states by the people is not taken away; for the Constitution does not say so. In the Confederation Congress had this power; but the state legislatures had it also. The power of legislating given them within the ten miles square is exclusive of the states, because it is expressed to be exclusive. The truth is, that when power is given to the general legislature, if it was in the state legislature before, both shall exercise it; unless there be an incompatibility in the exercise by one to that by the other, or negative words precluding the state governments from it. But there are no negative words here. It rests, therefore, with the states.

143 posted on 07/13/2012 1:39:09 PM PDT by Idabilly (Tailpipes poppin, radios rockin, Country Boy Can Survive.)
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To: Idabilly

John Marshall was one of the strongest supporters of the Union within the generation of the Founders. He would NEVER have suggested that the Union could be split legally as the Slavers attempted.

He would have been among the first to take up arms to defend it from such treason as would his patriot friends: G. Washington, and A. Hamilton. To claim otherwise shows no knowledge of the man, his ideas or his actions. OR being willing to resort to outright falsehood.

Nothing in your quote supports the idea of legal secession through extra-constitutional means.


159 posted on 07/14/2012 1:33:52 PM PDT by arrogantsob (Obama must Go.)
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