ROFLMAO! Logic? You insist on such an asinine premise that the proof that the federal Constitution is not paramount can be found ONLY in that Constitution itself...
The words of our constitution are not proof to you? That's illogical; -- sorry bout that.
Article 6, Clause 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Articles intent is self evident from its 'bold' wording.
It was intended to keep any level of gov't from encroaching on our rights to life liberty and property.
Within federal jurisdiction, yes. Not the entire country.
The wording of Article VI proves you wrong. 'State laws & constitutions notwithstanding', -- the US Constitution is our supreme law.
That's what the State Constitutions are for. If the federal government acts outside it's jurisdiction, those acts are nullified by the Constitution itself. Its the way it was designed.
If State laws act to infringe on our liberties, those acts are nullified by the Constitution itself. Its the way it was designed.
-- When States insisted that it did not, civil war settled the issue militarily, and then the 14th was enacted to settle the issue constitutionally.
U.S. v. Rhodes, 27 Federal Cases 785, 794: "The amendment [fourteenth] reversed and annulled the original policy of the constitution"
Your cited opinion obviously never took into account the clear words of Article VI.
Obviously, some here think it is still not settled.
And you've bounced from the original separation of church and State' subject of the thread to a right to keep and bear arms to a civil war thread,
Not at all, as they all concern what you claim is a power of the State; -- to ignore our rights in the writing of State or local laws. --- That power is prohibited by Article VI, the 10th, and the 14th amendments.
yet you cannot show me ONE thing outside the US Constitution ITSELF that proves it's supremacy (outside its Constitutionally enumerated boundaries) over the States that created it .
The US Constitution ITSELF proves it's supremacy. What more need be said?
Not a Federalist or Anti-Federalist paper, court opinion...NOTHING!
Everybody has opinions. But we the people have a Constitution worth defending against infringements. You disagree? - So be it.
So either contribute something tangible to the discussion or be gone, junior.
The choice is yours.
I'm somehow 'junior' to you? Get a grip.
For 'Laws of any State to the Contrary', see post #11.
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See? You make the same assertion over and over with nothing BUT that assertion to back it up.
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Everybody has opinions. But we the people have a Constitution worth defending against infringements. You disagree? - So be it.
Ah, the old you-disagree-with-me-so-you-must-be-against-the Constitution argument.
Freepers USED to source the documents to support their assertions, now the intellectual argument consist of 'because I say so'.
How lame.
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You can jump up & down about the 'law of the land 'clause all you like. It won't change the meaning:
Our national constitution having committed to us the management of the national concerns with foreign States and powers, it is our duty to take care that all the rights which they ought to enjoy within our Jurisdiction by the laws of nations and the faith of treaties remain inviolate. And it is also our duty to provide that the essential interests and peace of the whole confederacy be not impaired or endangered by deviations from the line of public faith into which any of its members may from whatever cause be unadvisedly drawn. Let it be remembered that the thirteen Independent Sovereign States have by express delegation of power, formed and vested in us a general though limited Sovereignty for the general and national purposes specified in the Confederation. In this Sovereignty they cannot severally participate (except by their Delegates) nor with it have concurrent Jurisdiction, for the 9th Article of the confederation most expressly conveys to us the sole and exclusive right and power of determining on war and peace, and of entering into treaties and alliances .
When therefore a treaty is constitutionally made ratified and published by us, it immediately becomes binding on the whole nation and superadded to the laws of the land, without the intervention of State Legislatures. Treaties derive their obligation from being compacts between the Sovereign of this, and the Sovereign of another Nation, whereas laws or statutes derive their force from being the Acts of a Legislature competent to the passing of them. Hence it is clear that Treaties must be implicitly received and observed by every Member of the Nation; for as State Legislatures are not competent to the making of such compacts or treaties, so neither are they competent in that capacity, authoritatively to decide on, or ascertain the construction and sense of them.
Document 3
John Jay, Continental Congress
13 Apr. 1787Journals 32:177--84
(FYI- In 1789, Washington appointed John Jay Chief Justice of the new Supreme Court)
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The law of the land clause applies ONLY to those powers ALREADY enumerated by the Constitution. Nowhere does the Constitution give the federal government the authority to impose the federal Bill of Rights on the States, nor does the 14th Amendment give it that power:
"Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.
The 'limits' of US jurisdiction can be found in Article 1, Section 8, Clause 17.
You are not 'born within the limits of the United States, and subject to their jurisdiction' unless you're born in a port, fort, arsenal or the federal enclave of Washington, D.C.
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'Congress shall make no law' means Congress...NOT the legislatures of the States.
Don't believe me? Fine.
But do yourself and your country a favor, man...
educate yourself!
Please show me the words of the federal Constitution that acknowledges any unalienable right.
By your logic, the American People have no right to life, liberty, property, or any other unalienable rights constantly spoken of by the Founders.
These rights are only mentioned in the State Constitutions...does that mean the federal government is not legally obligated to acknowledge them?
You can't have it both ways.