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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: robertpaulsen

Actually the BOR does not apply to the states or the federal government or the states would not be passing laws that infringe on gun rights nor would there ever have been the assault weapons ban nor would the congress be considering a new assault weapons ban. So the BOR and the constitution do not apply anywhere except DC where it does not apply either.


839 posted on 03/10/2007 12:42:01 PM PST by smoketree (the insanity, the lunacy these days.)
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To: robertpaulsen

"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."

bobby, learn to read with comprehension. Article I, sec 8,

"The Congress shall have Power...To coin Money, regulate the Value thereof...To establish Post Offices and post Roads..."

then we have:
Amendment X
"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."

And since the power to coin money and to establish post offices IS, in fact, delegated to the (Congress of the) United States, I guess that shoots you right down, doesn't it?

Then we have:
Article VI
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 can you point out where the Constitution says otherwise, since we have here its relevant words?


1,144 posted on 03/13/2007 8:15:09 PM PDT by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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