Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: lentulusgracchus
Justice Antonin Scalia(joined by Justice Clarence Thomas) wrote in Morse v. Republican Party of Virginia , 517 US 186 (1996):
A freedom of political association that must await the Government's favorable response to a "Mother, may I?" is no freedom of political association at all.
He understands 'sovereignty'. Wish we had more like him and Thomas.
1,552 posted on 06/08/2007 11:46:11 AM PDT by 4CJ (Annoy a liberal, honour Christians and our gallant Confederate dead)
[ Post Reply | Private Reply | To 1547 | View Replies ]


To: lentulusgracchus
My friend, I'm amazed by the number of posters here that readily admit they know nothing of the law, relying on Walt or Wikipedia for answers. A poster relying on Wikipedia:
... the federal government is supreme, based on the consent of the people. Marshall declares the federal government’s overarching supremacy in his statement:

“If any one proposition could command the universal assent of mankind, we might expect it would be this– that the government of the Union, though limited in its power, is supreme within its sphere of action.”

And Wikipedia is reliable? Bwhahahahahahaha!

The following is from the Supreme Court opinion, meaning that Chief Justice Chase (he of "Free [for Whites] Soil, Free [from black competition] Labor, Free [White] Men" bent) agreed.

It is a familiar rule of construction of the Constitution of the Union, that the sovereign powers vested in the State governments by their respective constitutions, remained unaltered and unimpaired, except so far as they were granted to the government of the United States. That the intention of the framers of the Constitution in this respect might not be misunderstood, this rule of interpretation is expressly declared in the tenth article of the amendments, namely: 'The powers not delegated to the United States are reserved to the States respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.

... The supremacy of the general government, therefore, so much relied on in the argument of the counsel for the plaintiff in error, in respect to the question before us, cannot be maintained. The two governments are upon an equality
Justice Nelson, Collector v. Day, 78 Wall. 113 (1870)


1,553 posted on 06/15/2007 2:08:54 PM PDT by 4CJ (Annoy a liberal, honour Christians and our gallant Confederate dead)
[ Post Reply | Private Reply | To 1552 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson