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To: robertpaulsen

Does not the supremacy clause make the BOR the law of the land and not infringeable by the states as stated in the tenth?


826 posted on 03/10/2007 12:06:36 PM PST by smoketree (the insanity, the lunacy these days.)
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To: smoketree
"Does not the supremacy clause make the BOR the law of the land"

No. The Founding Fathers would never had stood for such an interpretation.

Prior to the U.S. Constitution, we were governed by the Articles of Confederation. The Supremacy Clause says (in effect), "This contract between the states and the federal government (the U.S. Constitution) is now the supreme law of the land. Forget about any other previous contracts. Furthermore, any laws written under this contract (the U.S. Constitution) are also the supreme law of the land".

Parts of the contract apply to the states. Parts of the contract apply to the federal government. The Supremacy Clause doesn't mean everything in the contract applies to the states. Otherwise the states could coin money and set up Post Offices.

As written, the Bill of Rights (actually the first eight amendments) only applied to the states. 150 years after ratification, and after the 14th, part of the Bill of Rights was "incorporated" and made binding on the states.

837 posted on 03/10/2007 12:31:37 PM PST by robertpaulsen
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To: smoketree
Arrrgh. My bad. My post #837:

As written, the Bill of Rights (actually the first eight amendments) only applied to the states federal government.

847 posted on 03/10/2007 1:01:36 PM PST by robertpaulsen
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