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

To: BigEdLB

Can NOT be done. Supremacy clause. Unconstitutional on it’s face. We want to make changes? let’s not do the fundamentally stupid. It is a waste of time.


23 posted on 07/06/2012 11:47:30 PM PDT by RIghtwardHo
[ Post Reply | Private Reply | To 1 | View Replies ]


To: RIghtwardHo
Can NOT be done. Supremacy clause. Unconstitutional on it’s face.

Actually it can be done; the supremacy clause applies only to laws made pursuant to the Constitution, therefore all laws made by Congress Repugnant to the constitution are not so protected.

24 posted on 07/07/2012 12:02:25 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 23 | View Replies ]

To: RIghtwardHo
Unconstitutional on it’s face.

So is the government being able to force you to buy something, and giving you a fine for not buying said thing.

25 posted on 07/07/2012 12:04:26 AM PDT by wastedyears ("God? I didn't know he was signed onto the system.")
[ Post Reply | Private Reply | To 23 | View Replies ]

To: RIghtwardHo

Its always Freepers from the east and west coast who are most afraid of states standing up to the Feds. I hope the “sit down to pee’ers” get a new lesson in secession. At first you don’t secede....


31 posted on 07/07/2012 4:27:39 AM PDT by central_va ( I won't be reconstructed and I do not give a damn.)
[ Post Reply | Private Reply | To 23 | View Replies ]

To: RIghtwardHo
Can NOT be done. Supremacy clause. Unconstitutional on it’s face. We want to make changes? let’s not do the fundamentally stupid. It is a waste of time.

Ah, not exactly!

Supremacy Clause:

Article 6, paragraph 2

“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,
anything in the constitution or laws
of any state to the contrary notwithstanding.”

Many use this clause when arguing that all laws written by the US Congress are supreme over any other. This is true, only in so far as when Federal laws are Constitutional.

If congress passes an unconstitutional law, in other words, a law that is passed which requires power not enumerated to the Federal government in the Constitution, this is an unlawful law, it is null and void; and neither the States, nor the people are obligated to abide by it.

Thomas Jefferson made the following statement regarding powers assumed by the Federal government (not enumerated by the Constitution):

“Whenever the General Government assumes undelegated powers,
ITS ACTS ARE UNAUTHORITATIVE, VOID AND OF NO FORCE."

–Thomas Jefferson: Kentucky Resolutions, 1798

35 posted on 07/07/2012 4:58:04 AM PDT by Conservative Vermont Vet
[ Post Reply | Private Reply | To 23 | View Replies ]

To: RIghtwardHo

Clearly constitutional under the Tenth Amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”


43 posted on 07/07/2012 7:30:00 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 23 | 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