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

To: bigoil
That was revoked when Texas was readmitted into the Union after the civil war.
525 posted on 02/10/2010 4:45:39 AM PST by mad_as_he$$ (usff.com)
[ Post Reply | Private Reply | To 475 | View Replies ]


To: mad_as_he$$
“That was revoked when Texas was readmitted into the Union after the civil war.”

Are you claiming - the Federal Government is sovereign?

The “people” are sovereign - The State speaks for the “people” - Therefore - the State is sovereign.

By the constitution of the United States, the solemn and original compact here referred to, being the act of the people, and by them declared to be the supreme law of the land, the legislative powers thereby granted, are vested in a congress, to consist of a senate and house of representatives. As these powers, on the one hand, are extended to certain objects, as to lay and collect taxes, duties, &c.[3] so on the other they are clearly limited and restrained; as that no tax or duty shall be laid on articles exported from any state .... nor any preference given by any regulation of commerce or revenue to the ports of one state over those of another, &c.[4] These, and several others, are objects to which the power of the legislature does not extend; and should congress be so unwise as to pass an act contrary to these restrictions, the other powers of the state are not bound to obey the legislative power in the execution of their several functions, as our author expresses it: but the very reverse is their duty, being sworn to support the constitution, which unless they do in opposition to such encroachments, the constitution would indeed be at an end.[5]
Here then we must resort to a distinction which the institution and nature of our government has introduced into the western hemisphere; which, however, can only obtain in governments where power is not usurped but delegated, and where authority is a trust and not a right .... nor can it ever be truly ascertained where there is not a written constitution to resort to. A distinction, nevertheless, which certainly does exist between the indefinite and unlimited power of the people, in whom the sovereignty of these states, ultimately, substantially, and unquestionably resides, and the definite powers of the congress and state legislatures, which are severally limited to certain and determinate objects, being no more than emanations from the former, where, and where only, that legislative essence which constitutes sovereignty can be found.
http://www.constitution.org/tb/t1a.htm

526 posted on 02/10/2010 5:11:17 AM PST by Idabilly
[ Post Reply | Private Reply | To 525 | View Replies ]

To: mad_as_he$$
That was revoked when Texas was readmitted into the Union after the civil war.

Texas was not readmitted after the rebellion. Having never left the Union in the first place, readmission was not necessary.

529 posted on 02/10/2010 5:34:27 AM PST by Non-Sequitur
[ Post Reply | Private Reply | To 525 | 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