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To: safisoft
Just like the rights of the People, they are not GRANTED by the Constitution - instead the Government is limited by the Consitution...

The laws passed in pursuance to the Constitution are also the supreme law of the land. This includes the Militia Act of 1792 as amended in 1795. That act empowers the president to ensure that the laws of the United States are duly followed in all the states.

The 10th amendment never really comes into play.

Walt

370 posted on 04/04/2002 11:03:07 AM PST by WhiskeyPapa
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To: WhiskeyPapa
The laws passed in pursuance to the Constitution are also the supreme law of the land

Actually they don't. The Constitution 'trumps' as you say ANY law, therefore the 10th Amendment applies over any of your 'perceived' powers that lincoln might have had. And even you have to admit going back 80 years to pull up that argument is pretty weak considering the actions of the northern states during the war of 1812. Also it could be argued that the nullification of the Alien and Sedition Acts passed AFTER the Militia Act virtually nullified the teeth in that Act as well.

372 posted on 04/04/2002 11:07:23 AM PST by billbears
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