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To: Jacquerie
Federal courts have no jurisdiction over state Constitutions. That a federal court will even hear the case is a single finger salute to our federal Constitution and to state sovereignty.

Nonsense. Article VI of the U.S. Constitution says that the U.S. Constitution is "the supreme Law of the Land... any Thing in the Constitution... of any State to the Contrary notwithstanding."

13 posted on 08/19/2009 1:19:57 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Wrong.

The fear at the time of the Constitutional Convention (Federalist 33) was that states would “sap the foundations of the Union.” As odd as it seems today, the clause is there to prevent states from walking over the federal government.

There is no enumerated power for fed courts to strike down federal law, nor amendments to the federal constitution, nor state law, nor state constitutions. In fact, the Constitutional Convention considered the notion of judicial veto of congressional bills, decided against it, and gave that power to the executive.

17 posted on 08/19/2009 1:36:56 PM PDT by Jacquerie (We live in a judicial tyranny - Mark Levin)
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