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To: ZULU
The Tenth Amendment clearly states that any powers not delegated to the Federal Government are reserved to the people and the states.

Jefferson Davis would have disagreed. He held that his government could coerce the states based on language indetical to that in the U.S. Constitution.

The 9th and 10th amendments are mooted by the supremacy clause. It is not only the Constitution, but the federal laws that are supreme. That includes the Militia Act of 1792 as amended in 1795. It is an absolute bar to unilateral state secession.

Walt

1,206 posted on 07/03/2003 4:31:12 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa
The 9th and 10th amendments are mooted by the supremacy clause.

Bwahahaha. Good joke.

1,219 posted on 07/03/2003 7:50:30 AM PDT by rustbucket
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To: WhiskeyPapa
"Secession is revolution. Revolution is war."

William C. Davis noted, in The Cause Lost: Myths and Realities of the Confederacy, "Secession was only legal (in 1860) if the Confederacy tried it, successfully defended it, and thus established a precedent." He added, "Our legal codes today are full of provisions that were not lawful until someone tried them and won the case. As of this moment, secession is not and never has been a right inherent in the Constitution."

1,283 posted on 07/05/2003 1:44:32 AM PDT by capitan_refugio
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