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To: Graewoulf
BTW, keep in mind that the US Constitution trumps any State’s Constitution.

Not if the Constitution goes beyond its enumerated powers and the 9th and 10th amendments. The power of the federal government over the states is circumsribed by the Constitution and any amendment to the Constitution must be approved by three fourths of the states.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

34 posted on 01/05/2012 7:50:42 AM PST by kabar
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To: kabar
The 10th Amendment is now nothing more than an historical curiosity. It has no teeth.

The Commerce Clause has been used to turn the states into provinces of the federal government. And that makes me sick.

36 posted on 01/05/2012 7:57:19 AM PST by Leaning Right (Why am I carrying this lantern? you ask. I am looking for the next Reagan.)
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To: kabar

Thanks! I appreciate your expertise on these legal matters.

My poorly made point was that if Obama”care” is deemed Un-Constitutional by THE NINE SUPREMES, then Romney”care” will Un-Constitutional no matter what the Mass. Supreme Court rules. Am I correct in that assertion?


45 posted on 01/05/2012 9:16:04 AM PST by Graewoulf (( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.))
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