The Constitution states that the Constitution and the laws shall be the supreme law of the land.
Laws can held be declared unconstitutional. When that happens in the case of the Militia Act, get back to me.
I think you are trying to sway people with quotes that don't mean what you'd like them to mean.
In any case, the Supreme Court used the Militia Act to -support- President Lincoln's actions.
Walt
I think you are trying to sway people with bovine scatology.
Which quote are you having difficulty understanding?
"The Constitution is supreme over ordinary federal or state law under the Supremacy Clause of Art. VI."
-- Constitutional Law, 6 Ed., Jerome A. Barron and C. Thomas Dienes, Black Letter Series, West Group, 2003, 68
"[A]ll those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void."
-- American Constitutional Law, 3 ed., Vol. I, West Publishing Co., Laurence H. Tribe, p. 210
Quoting from Marbury v. Madison, 5 U.S. at 177.
"Treaties, agreements between the United States and a foreign country that are negotiated by the president and ratified by the Senate, are permitted unless they violate the Constitution."
-- Constitutional Law, Principles and Policies, 2 Ed., Erwin Chemerinsky, 2002, p. 361
Now consult a book on Constitutional Law and learn what that means. ALL other laws yield to the Constitution. Your asserted claim that Federal law moots the 10th Amendment of the Constitution is ill-informed nonsense.
The Constitution is supreme over ordinary federal or state law under the Supremacy Clause of Art. VI.
-- Constitutional Law, 6 Ed., Jerome A. Barron and C. Thomas Dienes, Black Letter Series, West Group, 2003, 68
"[A]ll those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void."
-- Quoting from Marbury v. Madison, 5 U.S. at 177.
[Walt 336] Laws can held be declared unconstitutional. When that happens in the case of the Militia Act, get back to me.
No need. The Militia Act of 1795, regarding insurrection, duplicated the express language of the Constitution, Art 4, Sec 4. I did not say the Act was unconstitutional. To call up the militia for insurrection, the Constitution contains the express condition precedent of state application. The Militia Act of 1795 contains the same condition precedent and contains the same language lifted directly from the Constitution.
The Act is perfectly Constitutional. It is your brain-dead misinterpretation, taking the section on Obstruction of Justice and misapplying it to Insurrection, which cannot pass muster.
Section 1 of the Militia Act of 1795 states "in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the Executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection."
Article IV, Section 4 of the Constitution says,
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
The duplicated language can leave no doubt that the Militia Act of 1795, regarding insurrection, was following and complying with Article 4, Sec 4 of the Constitution. Authorization to suppress insurrection, under this Act, is expressly conditional upon application by the State.
Regarding insurrection, when you find an official version of that Act which does not include the Constitutionally required express condition precedent of application by the State, you get back to me.