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To: rustbucket
Along with the Constitution and treaties, federal law is the supreme law of the land.

The deliniation between the supreme law of the land and state law is decided by the U. S. Congress and the U. S. President, subject to the review, ultimately, of the U. S. Supreme Court.

It is not for me -- or you -- to differentiate between federal and state powers. That job is up to the three branches of the federal government.

1,031 posted on 07/01/2003 1:51:57 PM PDT by Grand Old Partisan (You can read about my history of the GOP at www.republicanbasics.com)
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To: Grand Old Partisan
It is not for me -- or you -- to differentiate between federal and state powers. That job is up to the three branches of the federal government.

From James Madison, Father of the Constitution:

It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts, that, where resort can be had to no tribunal, superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made has been pursued or violated. The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and, consequently, that, as the parties to it, they must themselves decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition.

But I forget. He wasn't a Republican, so what does he know.

1,034 posted on 07/01/2003 2:17:47 PM PDT by rustbucket
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To: Grand Old Partisan; rustbucket
[GOP] The deliniation between the supreme law of the land and state law is decided by the U. S. Congress and the U. S. President, subject to the review, ultimately, of the U. S. Supreme Court.

Good attempt to obfuscate. Try again.

Article 3, Sect 1, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

And Section 2, "The judicial Power shall extend to all Cases, in law and Equity, arising under this Constitution, the Las of the United States, and Treaties made , or which shall be made, under their Authority..."

That includes the Circuit Courts. It includes Merryman.

1,106 posted on 07/02/2003 2:40:39 AM PDT by nolu chan
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