That, combined with the fact that "the people" are the same group in all of the BOR and...
Viola!!!!
Emerson is moot - the fedgov has no jurisdiction.
Period. Fini. End of story, etc.
prambo
I would also add that the Fed Courts have been remiss in their duty to defend that same BOR , generally: chosing to defer to the States rather than to intervene where they should have, when patently dubious state legislation interferes with rights guaranteed by the Fed charter.