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To: papertyger
papertyger wrote:

The Supremacy Clause (Article 6) is the opposite of the Tenth Amendment...leaving aside any bastardization that has occured since ratification.

Not at all. They compliment each other as to defining State powers, and the prohibitions on State powers.

The Tenth says any power this Constitution doen't specificly give to the federal government is reserved to the states.

Some are "prohibited by it to the States"

And the Supremacy Clause says those powers the Constitution *does* give to the federal government always take precedence over the states right to exercise that power.

Not exactly true. It says that the Constitution is supreme, and that all officials, -- fed, state, or local, shall be bound by oath to support it.

That's why Roe v. Wade is such a bastard. The Supreme Court claimed abortion was a Constitutional right, so no state could make a law against it no matter how many people opposed it.

Again, not exactly true. Roe said that States couldn't decree that early term abortions were murder. Juries in the USA decide what is murder, not state or fed legislators.

The legislators liked that just fine because they could *say* anything they wanted, but wouldn't have to take the responsibility of a vote. It also explains why the democrats are so terrified of Originalist Justices on the Supreme Court. They KNOW the Constitution is really silent on abortion, and they KNOW without the Court claiming jurisdiction over abortion they don't have any authority to force the entire country to accept it, and they don't have the votes to get it state by state.

The Constitution has never been "silent" on our individual rights. Prohibitions on big rifles - or on private early term abortion matters, are not decisions we have ever empowered our government officials to make.

223 posted on 05/30/2005 8:00:34 PM PDT by P_A_I
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To: P_A_I

Well bless your heart; thanks for the corrections.


233 posted on 05/31/2005 1:30:11 AM PDT by papertyger
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