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To: wideawake

Now you’re just making up stuff as you go along.

I can show you where the Constitution comments on the matter demonstrating that I am correct. Can you?

Look at the 10th Amendment. It was crafted to protect the power and sovereignty in the states because the Anti-Federalist clearly understood the tyrannical nature of a single, federal level of control.


118 posted on 09/14/2012 9:05:54 AM PDT by Lee'sGhost (Johnny Rico picked the wrong girl!)
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To: Lee'sGhost
Now you’re just making up stuff as you go along.

Hardly.

I can show you where the Constitution comments on the matter demonstrating that I am correct. Can you?

Certainly. A preliminary question is: what does it mean to be sovereign?

A sovereign entity has the ultimate legal jurisdiction in its territory - there is no legal appeal above it.

A sovereign entity has the sole power of declaring its territory to be at war with another sovereign entity.

A sovereign entity has the sole power of concluding a treaty with other sovereign entities.

A sovereign entity has the power to determine what shall be used as legal tender it its territory and to regulate the value of that legal tender.

A sovereign entity has the power to regulate imports and exports.

The Constitution clearly gives these sovereign powers to the federal government. Individual states cannot make wars, cannot conclude treaties, cannot decide what will be legal tender, cannot regulate imports and exports, and, most importantly of all, cannot be the ultimate legal authority in disputes.

The most important part of the Constitution - which eliminates any ambiguity on the issue of sovereignty - is this:

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.

The laws of the United States, and its lawmaking authority, are the supreme law and preempt the constitution and laws of any individual state. Right there, in black and white.

Look at the 10th Amendment.

Please, let's.

It states:

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.

It's quite clear. If the states were to be sovereigns under the 10th Amendment, it would mean that there were sovereign powers that the Constitution did not delegate to the United States and that those sovereign powers would then reside in the individual states instead.

The problem, of course, is that the Constitution vests all the powers of sovereignty (warmaking, treatymaking, regulation of external trade, regulation of monetary value, final legal appeal) in the United States.

The powers that the 10th Amendment leaves to the states are not sovereign powers, but subsidiary powers of local, not national, jurisdiction.

because the Anti-Federalist clearly understood the tyrannical nature of a single, federal level of control

A Federalist, not the Anti-Federalists (who were opposed to any Constitution), wrote the 10th Amendment. In fact, the very same Federalist who wrote the supremacy clause I quoted above.

He wrote it because the ratifying states wanted to make clear that their local jurisdiction would not be eliminated - namely that the constitutional sovereignty of the United States was indeed federal and not consolidated.

120 posted on 09/14/2012 10:12:43 AM PDT by wideawake
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