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To: TigersEye

I guess we don’t have any ‘specialists’ on this thread today. That’s my way of saying, “I do not know the answer to that question.”


215 posted on 09/13/2008 3:36:07 PM PDT by B4Ranch ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you"--John Steinbeck)
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To: B4Ranch
Oh, OK. I missed your subtlety. I didn't go to Hahvahd but I'm pretty sure the federal Constitution requires all state laws, including constitutions, to stay within the bounds of the federal Constitution.

Article. IV.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

-------------

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.

---------------------

Amendment V

...nor be deprived of life, liberty, or property, without due process of law; ...

AMENDMENT XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Those are what seem to me to be relevant passages regarding the authority of the U.S. Constitution over state laws and constitutions. Bolding is mine of course.

226 posted on 09/13/2008 4:15:09 PM PDT by TigersEye (Buckhead of the Bikini-clad Barracuda)
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