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To: jwalsh07
Can judges ignore laws and treaties passed by Congress and signed by the executive if they wish?

If they contradicted the Constitution, yes.

Where does the Constitution authorize an Air Force? Where does the Constitution make rape a criminal act punishable by certain penalties?

Wishful thinking isn't gonna make your argument any stronger. The fact that you don't like that Federal Constitution as the "Supreme Law of the Land" isn't gonna make it anything but what it itself claims to be. Your arguments are spurious because they would not contradict the nature of the Constitution as supreme. If for example the Constitution forbade the creation of an Air force we couldn't have one without some type of amendment. But it does not forbid it, so its supremacy is not contradicted by such a law. Lets take the wording of Article VI Clause II and put it in a different context to see what I mean.

Article VI clause II "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."

Lets make it read...

"That the ballgame shall be played is the supreme rule; and the players of every team shall be bound thereby, the inclement weather on any given day notwithstanding."

I'm sorry it conflicts with your wish that the states have sovereignty over their own constitutions and laws, but they don't.

175 posted on 05/30/2005 1:54:00 PM PDT by Pelayo ("If there is hope... it lies in the quixotics." - Me)
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To: Pelayo
"That the ballgame shall be played is the supreme rule; and the players of every team shall be bound thereby, the inclement weather on any given day notwithstanding."

I like ball games so lets use your ballgame to see if we can't shed some light on your misunderstanding of my position and Article 6, Clause 2. Article 6, Clause 2 assigns Congress, the Federal Judiciary and the Executive as the Commissioners of the league.

The leagues constitution states that every ball game shall be played. Congress as the lawmaking Commissioner realizes that it is physically impossible to play every ball game in certain weather so they make rules (laws) to account for inclement weather.

The owners of the teams, think states, can not change those laws or the league rules without a league constitutional convention because the leagues constituion and the bylaws set forth by the commission are the Supreme Law of the League.

I'm sorry it conflicts with your wish that the states have sovereignty over their own constitutions and laws, but they don't.

And I'm sorry you're wrong but you are. States are not constrained by the federal government from expanding individual rights not found in the Constitution of the United States.

181 posted on 05/30/2005 3:32:59 PM PDT by jwalsh07
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