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To: Non-Sequitur

From Article VI:

“This Constitution, and the Laws of the United States which shall be made IN PURSUANCE THEREOF [my emphahsis]... shall be the supreme Law of the Land.”

So an unconstitutional law is not supreme just because the federal government passed it. If it is outside the federal government’s delegated powers, then the law is unconstitutional and therefore null. If the feds don’t see it that way, then the states have an obligation to nullify that law, that is refuse to enforce it.

The federal government can’t be the sole arbiter on the Constitutionality of laws because it will always act in its own interest and in whatever way gives it more power.


408 posted on 04/28/2009 11:19:46 AM PDT by djsherin (Government is essentially the negation of liberty.)
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To: djsherin
So an unconstitutional law is not supreme just because the federal government passed it. If it is outside the federal government’s delegated powers, then the law is unconstitutional and therefore null.

States do not have the power to decide what is constitutional and what is not. That power is vested in the Supreme Court per Article III which gives it jurisdiction in this area.

The federal government can’t be the sole arbiter on the Constitutionality of laws because it will always act in its own interest and in whatever way gives it more power.

It isn't. The court system is.

410 posted on 04/28/2009 12:10:57 PM PDT by Non-Sequitur
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