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To: musanon
Article VI is one of the restrictive clauses in the original document. It clearly says that all "Officers, both of the United States and the several States, --" shall be "-- bound thereby, any Thing in the Constitution or Laws of any State to the Contrary, notwithstanding."

Only to the degree that the Constitution allowed. If a law exceeded the authority granted to the national government, it was void.

Clear indeed. It says, boldly: " --- 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. -- "

Only to the degree that the Constitution allowed. If a law exceeded the authority granted to the national government, it was void. The Federal government, at that time was prohibited from applying the powers you describe in this post as pursuant to Article VI.

Recourse is enumerated in Article III, whereby the USSC has jurisdiction to try all cases " -- arising under this Constitution, -- ".

Only pursuant to the powers granted to the Feds in that Constitution.

The Tenth also permitted wide differences in State laws. If the people of a State wanted a government religion, the Tenth Amendment permitted that.

Not true. Congress was stopped from making laws " -- respecting an establishment of religion, -- "; -- but Article VI said that " -- no religious test shall ever be required as a Qualification to any Office or public Trust under the United States -- ". Government religions are a de facto religious test.

Only for officers of the national government. As evidence, I posit to you the numerous State Constitutions that specifically endorse a Christian God.

If a State wanted to regulate speech, or to socialize private property, the Constitution was mute.

Not true. Abridging of speech is prohibited to States under the 1st, as per Article VI.

We disagree. It only prohibited Congress. The 14th Amendment extended First Amendment protection to the States.

None of the rights articulated in the Bill of Rights could be enforced by the national government in Federal Court.

So claimed the States rightists. In reality violations of all of the rights articulated in the Bill of Rights could be brought before the Supreme Court, if they found cause under the Constitution to hear them.

Not until the 14th Amendment unless the case involved Federal jurisdiction.

If the people didn't like the government of a particular State and couldn't change it, their principal recourse was the freedom to move and apply their energies in another State.

No, -- their "principle recourse" against a rogue state was the "Law of the Land". If that recourse failed, the right to rebel came into play. - We had just fought a revolution against a tyrant that said 'love English law or leave'. -- It is amazing for you to claim we gave our State governments that same tyrannical power, enshrined in our Constitution.

Most people moved before they would hire a lawyer.

43 posted on 08/21/2005 11:05:15 AM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie
Article VI is one of the restrictive clauses in the original document. It clearly says that all "Officers, both of the United States and the several States, --" shall be "-- bound thereby, any Thing in the Constitution or Laws of any State to the Contrary, notwithstanding."

The 10th is clear indeed. It says, boldly: " --- 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. -- "

Only to the degree that the Constitution allowed. If a law exceeded the authority granted to the national government, it was void.<.I>

The exact same argument applies to State laws that exceeded US Constitutional authority. See the 10th as to powers prohibited to States.

The Federal government, at that time was prohibited from applying the powers you describe in this post as pursuant to Article VI.

Where does it say that in the Constitution?

50 posted on 08/21/2005 11:41:19 AM PDT by musanon
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To: Carry_Okie
"Only to the degree that the Constitution allowed. If a law exceeded the authority granted to the national government, it was void."

Interesting point. And there were/are three branches of the Federal Government. Originally, which one had a "police force"?

None...

129 posted on 08/24/2005 10:25:29 PM PDT by rec
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