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To: robertpaulsen
Marshall was WRONG. Not hard to understand. He was only a Justice and exceeded his authority under Art 6 Para 2. If he would have stepped back, re-read the legislation used to enact the Amendments, it contained a clause apply thing as part of the Constitution making both the "privileges and immunities" and "Supreme law of the Land" clauses operative.

As George Mason said,

There is no Declaration of Rights, and the laws of the general government being paramount to the laws and constitution of the several States, the Declarations of Rights in the separate States are no security. Nor are the people secured even in the enjoyment of the benefit of the common law.

He then set out to rectify this and is largely given credit for penning the Original BoR. Even better than Marshall, Mason himself knew what he was writing.

223 posted on 05/06/2007 2:25:06 PM PDT by Dead Corpse (What would a free man do?)
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To: Dead Corpse
"Marshall was WRONG."

Well, that explains it. Simply declare a ruling wrong and everything falls into place.

So after Marshall left the court, this error was corrected? Ever? By any court?

227 posted on 05/06/2007 2:42:31 PM PDT by robertpaulsen
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