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To: EternalVigilance; dcwusmc
If you think States can allow murder within their jurisdiction and not be in violation of their obligations under the Constitution, pray tell what other unalienable rights you believe this to be true about.

I will ask you again, the question I have asked you before: if a State were to legalize Rape (say, Arkansas -- where apparently Rape is legal already for certain Democratic Governors), what exactly should the Federal Government do about it, Constitutionally? What is the precise Constitutional recourse?

If I say that "Rape is a State legal matter", that does NOT mean that I think that any State should legalize Rape. Rather, I'm simply identifying which level of Government is Constitutionally responsible for writing the Laws against Rape -- and that's the several States.

If a State were to fail in its Constitutional duty to criminalize Rape, what precise action does the Constitution specify as the appropriate Federal response?

Or perhaps there is not a Constitutionally-specified Federal response, because the Founders did not establish any such mechanism.

146 posted on 05/04/2010 2:59:55 PM PDT by Christian_Capitalist (Taxation over 10% is Tyranny -- 1 Samuel 8:17)
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To: Christian_Capitalist
To "legalize" the destruction of the unalienable rights of the people is an act of insurrection against the sovereign (which in America is the people), in the most explicit sense.

Article 4, Section Four

The United States shall guarantee to every State in this Union a Republican Form of Government...

Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...

Amendment 14

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.

By the way, State "legalization" of such acts, acts that alienate what the founders called unalienable, violate every single clause of the statement of purpose of our Constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

And by the way, the people, through the means of their Constitution, have granted to the Executive more than sufficient power and means to deal with insurrection.

147 posted on 05/04/2010 3:45:30 PM PDT by EternalVigilance ("In DC, it's about politics. In Arizona, it's about survival." -- Ralph Peters)
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To: Christian_Capitalist
If I say that "Rape is a State legal matter", that does NOT mean that I think that any State should legalize Rape.

It isn't a matter of "should they?" It is a question of "can they?" And the answer to that question under our Constitution is simply "NO WAY!"

Under our form of government EVERY officer of government, at EVERY level of government, in EVERY branch, has a sworn obligation to protect and defend the unalienable rights to life, liberty and private property of EVERY person.

148 posted on 05/04/2010 3:50:36 PM PDT by EternalVigilance ("In DC, it's about politics. In Arizona, it's about survival." -- Ralph Peters)
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