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To: Idabilly
Only if these {newly} passed laws/treaties are Constitutional.

Yes, of course. I was reacting to the Tenth Amendment cites, because most X quoters ignore Article VI.

96 posted on 07/18/2009 6:33:39 AM PDT by Jim Noble (I hope Sarah will start a 2nd party soon)
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To: Jim Noble
Yes, of course. I was reacting to the Tenth Amendment cites, because most X quoters ignore Article VI.

But the 10th amendment overrides, or at least clarifies, that Article 6 does not give the federal government any particular powers over the states. Federal laws must be within the powers granted to the federal government, and are enforceable within the states, regardless of state laws.

But to for all that to mean anything, the Interstate Commerce Clause must be interpreted such that commerce means the buying, selling and shipping of goods across state lines. Not every little thing that might affect such commerce. Otherwise its an unlimited grant of power to the federal government, and the 10th amendment is meaningless and one basic principal of Constitutional interpretation is that none of it is meaningless. Some of it may be informative rather than actionable, such as the preamble to the Second Amendment's protection of the right of the people.

120 posted on 07/18/2009 9:04:08 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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