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To: 4ConservativeJustices
Oh please.  The supremacy clause very clearly states that the constitution takes precedence over state laws.  As such, anything in the constitution takes precendence.  Therefore, a state cannot legally set aside the federal government since such a government is constitutionally mandated.  Secession is, by definition setting aside or disavowing constitutionally mandated authority.  And that is illegal.

Sorry, but you are going to have a real tough time proving your case since to do so you have to ignore the supremacy clause or you have to say that the 10th takes precedence over the federal form of government (it doesn't, since the 10th specifically indicates that all powers not specifically delegated to the government are reserved for the states and people.  And our form of government is specifically spelled out by the constitution).
675 posted on 05/29/2002 2:31:43 PM PDT by Frumious Bandersnatch
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To: Frumious Bandersnatch
Sorry, but you are going to have a real tough time proving your case since to do so you have to ignore the supremacy clause or you have to say that the 10th takes precedence over the federal form of government (it doesn't, since the 10th specifically indicates that all powers not specifically delegated to the government are reserved for the states and people.

If any founder thought the way you did (regarding the Supremacy clause), I certainly can't imagine the Constitution being ratified, since many were terrified of a federal behemouth that usurped any and all powers at will. Madison, Hamilton and Jay wrote 85 Federalist Papers to coax the reluctant states to agree to the new government. And these three men also represented states that expressly reserved the right to "resume" the powers of self-government at will. Your construction would render the views of the father of the Constitution void, and with it that of a future Chief Justice.

Beside the Virginia & Kentucky Resolutions - check the debates. During May and June of 1787, the founders debated granting the federal government the power to "negative all laws passed by the several States contravening". It was voted down, not once, but on 3 separate occasions (3-7, 3-7, and 5-6).

The founders voted against your interpretation.

685 posted on 05/29/2002 10:30:28 PM PDT by 4CJ
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