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To: Non-Sequitur
I agree that Supreme Court justices are not stupid (well, usually they're not stupid). But you didn't answer the question. Is the Federal government (in its various manifestations) the sole judge of the limits of Federal power? If the Federal government embarks on a course that the people of a particular State finds insufferable (whatever that policy may be), is there no recourse, but to accept it?

Respectfully,

D J White

544 posted on 01/13/2002 8:49:43 AM PST by D J White
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To: D J White
Your original question in Reply 540 was "...is the Federal government the sole rightful judge of the powers delegated to it?" And the answer to that is no. The Supreme Court is the sole judge of whether the governments actions are legal since the Constitution grants the Supreme Court jurisdiction in this matter. The individual states have no recourse except the Supreme Court and if they disagree with the court's decision then that is that. They all agreed to Article VI, Section II where is says:

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

If the individual states choose not to be bound by the Constitution then they have two choices: follow the provisions in Article V and get the required number of states to agree to amend the Constitution and let them withdraw, or enter into rebellion. One path is legal and peaceful, the other is illegal and the state in question must accept responsibility for the consequences if the federal government chooses to contest their actions.

545 posted on 01/13/2002 11:13:55 AM PST by Non-Sequitur
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