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To: Frumious Bandersnatch
, the south compounded their error, because they denied that the supremacy clause applied (with the exception of Tennessee) in spite of the painfully plain language to the contrary.

For the last time, the Supremacy Clause, like every other clause in the Constitution, only applies to the laws and governments of States that are in the Union.

The clauses of the Constitution didn't apply to States that hadn't yet ratified, in 1787, and they don't apply to States that, sitting in convention as the People, exercise their Sovereignty which is certainly reserved under the 9th and 10th Amendments (but need not be explicitly reserved, because Sovereignty trumps all agreements) by taking counsel among themselves and seceding from the Union.

702 posted on 05/30/2002 8:11:15 AM PDT by lentulusgracchus
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To: lentulusgracchus
Once they ratified the constitution, however, everything in the constitution applied - including the supremacy clause.

I know of no instance where a legislature didn't accept the entire constitutional package (Texas tried, but failed).
723 posted on 05/30/2002 2:02:22 PM PDT by Frumious Bandersnatch
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To: lentulusgracchus
The clauses of the Constitution didn't apply to States that hadn't yet ratified, in 1787, and they don't apply to States that, sitting in convention as the People, exercise their Sovereignty which is certainly reserved under the 9th and 10th Amendments (but need not be explicitly reserved, because Sovereignty trumps all agreements) by taking counsel among themselves and seceding from the Union.

Sovereignty is only reserved under the 9th and 10th if you can ignore that pesky supremacy clause (since the constitution basically reserves sovereignty to itself - with the federal government as the enforcing agent).  So I guess that if you are willing to pick and choose which parts of the constitution to adhere too, that you would be correct.
724 posted on 05/30/2002 2:10:07 PM PDT by Frumious Bandersnatch
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