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To: tpaine
You're simply in denial that the supremacy clause exists, as it is written;

Good grief. Read this:

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.

Now... sentence by sentence.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof

The powers granted to Congress are listed in Article 1 Section 8 of the Constitution. Nowhere is the federal government given the power to supersede the inherent rights of the States in anything OTHER than those powers listed.

---

under the Authority of the United States

Again, this authority is laid out in the Constitution. As long as the federal government stays within the confines of its enumerated duties which are listed in Section 8, it remains Constitutional.

---

any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

I've showed you this...repeatedly.

Not my fault you choose not to use your capacity for reasoning.

I've also showed you George Tucker who, in 1803, wrote A View of the Constitution, a compendium for the new Constitution, explaining for the People how the newly crated Constitution operated in conjunction with the common law of the American colonists and explaining the Constitutional operation in more detail.

From post #11
That, as this control cannot possibly extend beyond those objects to which the federal government is competent, under the constitution, and under the declaration contained in the twelfth article, so neither ought the laws, or even the constitution of any state to impede the operation of the federal government in any case within the limits of it's constitutional powers. That a law limited to such objects as may be authorised by the constitution, would, under the true construction of this clause, be the supreme law of the land; but a law not limited to those objects, or not made pursuant to the constitution, would not be the supreme law of the land, but an act of usurpation, and consequently void.

-----

Your theory that the BOR's do not apply is also belied by the 10th, wherein powers are "prohibited by it [the US Constitution] to the states".

LOL! Nice of you to breeze by the first part:

Amendment X - Powers of the States and People. Ratified 12/15/1791
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The federal government must stay within its sphere of operation and the State governments must stay within theirs.

i.e. A power exercised that was never delegated is an Unconstitutional power.

-----

Rant on that CA's gun prohibitions are constitutionally OK.

I never said they were. You make the assertion that they California MUST have a RKBA amendment, but they do not. Nor does the federal government seem to be in any hurry to force one on them.

Yet this supposed lack isn't keeping anyone from defending themselves with one, is it?

So what would having it written down change...and why aren't the people of California standing on the doorstep of the legislature to change it?

-----

Get real, -- the feds want to outlaw guns just as bad as CA does.

Sorry, not a power possessed by government at any level.

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Hype. -- Our discussion is posted; -- anyone can read my more detailed answer.

Yep..as they say 'The Devil's in the details'

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You have this really bizarre habit of quoting rather esoteric passages, imagining that they buttress your poorly made observations. -- Dream on.

(sigh)

Article IV. - The States
Section 4 - Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Hard to insist on a Republican form of government when when you don't even know what one is.

If you want to find out what the Founders meant you have to read what they read and then what they wrote.

-----

Believe what you like.

Until you actually understand what the words in the Constitution mean, and not just what you've been told they say, your rights will continue to slip away.

And you'll have no one to blame but yourself.

39 posted on 07/11/2006 12:53:47 PM PDT by MamaTexan (I am NOT a * legal entity *, nor am I a 'person' as created by law!)
[ Post Reply | Private Reply | To 37 | View Replies ]


To: MamaTexan
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof

The powers granted to Congress are listed in Article 1 Section 8 of the Constitution. Nowhere is the federal government given the power to supersede the inherent rights of the States in anything OTHER than those powers listed.

You are ignorng the fact that Article VI itself says that "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding", the US Constitution is our supreme Law of the Land. And our supreme laws can be enforced against any infringements, fed/state/local. -- No one is above the law. ---

under the Authority of the United States

Again, this authority is laid out in the Constitution. As long as the federal government stays within the confines of its enumerated duties which are listed in Section 8, it remains Constitutional.

And as long as States do not attempt to use powers prohibited to them, they remain constitutional. ---

any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

I've showed you this...repeatedly.

You showed me ~what~ repeatedly?

Your theory that the BOR's do not apply is also belied by the 10th, wherein powers are "prohibited by it [the US Constitution] to the states".

LOL! Nice of you to breeze by the first part:

Weird hype. the "first part" is not "breezed by".

Amendment X - Powers of the States and People. Ratified 12/15/1791
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The federal government must stay within its sphere of operation and the State governments must stay within theirs.

Exactly my point as to the States. -- They cannot infringe on prohibited powers.


-----

Rant on that CA's gun prohibitions are constitutionally OK.

I never said they were. You make the assertion that they California MUST have a RKBA amendment, but they do not.

Not true.. I've asserted that California has no power to write 'laws' that infringe on our 2nd amendment rights.

Nor does the federal government seem to be in any hurry to force one on them.
Yet this supposed lack isn't keeping anyone from defending themselves with one, is it?

It's keeping thousands of us from buying semi-auto weapons that are perfectly legal in the rest of the USA. -- Why are you defending this type of CA gun grab?

So what would having it written down change...and why aren't the people of California standing on the doorstep of the legislature to change it?

They are, - but the majority rules in the democratic State of CA; -- and you defend their 'gun rules'. -----

Get real, -- the feds want to outlaw guns just as bad as CA does.

Sorry, not a power possessed by government at any level.
-----

Yet CA is 'outlawing' as above, and you defend them.

You have this really bizarre habit of quoting rather esoteric passages, imagining that they buttress your poorly made observations. -- Dream on.

(sigh)
Article IV. - The States
Section 4 - Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Hard to insist on a Republican form of government when when you don't even know what one is.

Sigh, there you go again, imagining you've made a point that proves I "don't even know what" a republican form of government "is". --- All you're really proving is that you can't make that point logically, -- so you make a lame inference.

If you want to find out what the Founders meant you have to read what they read and then what they wrote.

Inferring of course, that you are the expert and have read everything .. -- As I said, dream on. -----

Believe what you like.
Until you actually understand what the words in the Constitution mean, and not just what you've been told they say, your rights will continue to slip away.
And you'll have no one to blame but yourself.

Whatever

41 posted on 07/11/2006 2:26:09 PM PDT by tpaine
[ Post Reply | Private Reply | To 39 | View Replies ]

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