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To: Non-Sequitur
That one will do for now.

The point is, when the States delegated, or lent, their powers -- and they possessed them all, having reclaimed them to ratify the Constitution (which reclaiming they had to do, when you think about it) without orderly repealing or amending the Articles of Confederation under the Articles' own terms (and they never did) -- they didn't delegate them all, but retained large sections of them. Such as that which Ohio's supreme court exercised without gainsay in the recent example cited.

Any thing not delegated, remains with the People from whom it would have come, had it been delegated. Thus John Marshall in the Virginia ratification convention.

Everyone understood that, but Webster and Lincoln tried to change the deal -- for political reasons, and without warrant in the Constitution.

362 posted on 07/29/2006 3:29:27 PM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus
That one will do for now.

So the states exercise supreme power? Over what? Can they choose their form of government? No. Can they coin money or issue stamps? No. Can they negotiate with foreign goverments? No. Pass certain kinds of laws, proclaim you king, or maintain an army? No, no, and no. States can run their show within their own borders, and so long as they don't try to do any of the things that the Constitution forbids them to do. Anything else and they need permission.

The point is, when the States delegated, or lent, their powers...

Lent my ass. You mean when they gave up those powers, don't you? Your states have pretty much squat when it comes to actions outside their borders. Now the people of the United States, on the other hand, they hold supreme power. That's all the people of the United States, not just those living in the south.

Any thing not delegated, remains with the People from whom it would have come, had it been delegated

Delegated, or forbidden. You keep forgetting that part.

Everyone understood that...

Everyone, except people like Washington and Madison and Lincoln. I'll go with them over you.

363 posted on 07/29/2006 5:14:40 PM PDT by Non-Sequitur
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To: lentulusgracchus
Any thing not delegated, remains with the People from whom it would have come, had it been delegated. Thus John Marshall in the Virginia ratification convention.

Bingo. Marshall understood it, and stated so in the Virginia debates. But it seems that there must be something about possessing life tenure that liberalizes many supreme court justices (and professors). Salmon P. Chase, stated BEFORE his SC tenure, that each state had rights/powers superior to that of the federal government - and that HE would defend those rights against tyrannical attempts to usurp them. I guess the American dictator who overthrew the Constitution instead of abiding by it (Lincoln) - quelled that position by granting Chase his wish to be on the court. That way Chase could uphold the legalization of Lincoln's arresting justices/judges, crushing 1st Amendment rights of thousands, invasion of the seceded states, jihadist attacks on civilian populations etc.

Americans are torqued that OBL slaughtered over 3000 Americans, yet these left-wing nuts salute Lincoln for waging war on innocents, killing far more, destroying entire towns, arresting priests for not PRAYING for Lincoln, arresting a young girl in New Orleans for having the temerity to play a Southern song on her piano during Yankee occupation. Union forces even HUNG a Georgia Supreme Court justice (after robbing him of thousands of dollars) in an attempt to force him to divulge the location of his gold. Then they set the woods on fire to make it look like an accident.

Sounds to me like Hezballah/OBL/Al qaida/Islamic terrorists took a page out of the Lincoln playbook. Hezballah has their "green-helment guy", Hussein had his "Baghdad Bob", and Lincoln has his "Lincolnites" - many right here attempting to justify his actions - attempting to justify the murder of thousands of innocent Southern women, children and old men - black and white.

403 posted on 08/21/2006 6:05:12 AM PDT by 4CJ (Annoy a liberal, honour Christians and our gallant Confederate dead)
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