The States are ABOVE the federal govt - 4 ways the constitution says so

ShootSpeeders

Gold Member
May 13, 2012
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1. Most importantly we have the tenth amendment which says a power not given to the feds belongs to the states or the people.

"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."

2. The electoral college. People wonder why it exists - why don't we just vote directly for the president. It's because the states are independent countries. In a presidential election you vote for your electors who go to washington and choose the prez. Even presidential elections are done at the state level.

3.The amending process as outlined in Article 5 of the constitution. It says the states have final say on any proposed amendment. Congress can vote yes on the proposed amendment but THEN it goes to the states and 3/4 of them must ratify it.

4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws. It makes no sense anyway to let the feds decide the constitutionality of their own laws as they will and do rubber-stamp everything.

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When america was founded and for the first 70 years of it's existence, it was like the European Union is now - a loose confederation of independent countries. France and italy and spain are still sovereign nations and so are Indiana and Maine.
 
Your forgot the most important one: Ultimate sovereignty.
That is. the states have the power to disband the federal government, with the federal government having no legal means to stop them.
 
1. Most importantly we have the tenth amendment which says a power not given to the feds belongs to the states or the people.

"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."

2. The electoral college. People wonder why it exists - why don't we just vote directly for the president. It's because the states are independent countries. In a presidential election you vote for your electors who go to washington and choose the prez. Even presidential elections are done at the state level.

3.The amending process as outlined in Article 5 of the constitution. It says the states have final say on any proposed amendment. Congress can vote yes on the proposed amendment but THEN it goes to the states and 3/4 of them must ratify it.

4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws. It makes no sense anyway to let the feds decide the constitutionality of their own laws as they will and do rubber-stamp everything.

----

When america was founded and for the first 70 years of it's existence, it was like the European Union is now - a loose confederation of independent countries. France and italy and spain are still sovereign nations and so are Indiana and Maine.

More rw whining?
 
The ******* are literally shitting diarrhea into the water supply!!! :eek:

Oh fuck wait... this shitspeeder thread isn't about black people?

I take what I said back! Sorry shitspeeders! The states are awesome!
 
Your forgot the most important one: Ultimate sovereignty.
That is. the states have the power to disband the federal government, with the federal government having no legal means to stop them.

They do? The constitution does not say so. Hard to see how the states could disband the federal govt. They'd have to get all 50 states to agree to it and that won't happen.
 
We settled the position of the States 150 years ago
 
1. Most importantly we have the tenth amendment which says a power not given to the feds belongs to the states or the people.

"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."

2. The electoral college. People wonder why it exists - why don't we just vote directly for the president. It's because the states are independent countries. In a presidential election you vote for your electors who go to washington and choose the prez. Even presidential elections are done at the state level.

3.The amending process as outlined in Article 5 of the constitution. It says the states have final say on any proposed amendment. Congress can vote yes on the proposed amendment but THEN it goes to the states and 3/4 of them must ratify it.

4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws. It makes no sense anyway to let the feds decide the constitutionality of their own laws as they will and do rubber-stamp everything.

----

When america was founded and for the first 70 years of it's existence, it was like the European Union is now - a loose confederation of independent countries. France and italy and spain are still sovereign nations and so are Indiana and Maine.

That's why Texas should take care of their own business.
 
The Constitution was designed to be like an upside down pyramid with the People on top, and the Gov't under them and accountable to the people.

Over the last 150 years or more it's flipped, now the People are at the bottom with Gov't perched on top pecking them.

America's Marxist President Barack Obama said it best:
Obama said the Constitution was a “charter of negative liberties,” full of constraints imposed upon us by our Founding Fathers.
“The Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society… [The Supreme Court] didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. [It] says what the states can’t do to you. [It] says what the federal government can’t do to you, but [it] doesn’t say what the federal government or state government must do on your behalf.”
 
4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws.

Okay, no.
 
4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws.

Okay, no.

They are supposed to when dealing with things that the federal government DOES NOT HAVE THE POWER to control. That is exactly what the 10th was addressing. Unfortunately, bureaucracies always seek to consolidate power and they have done so quite effectively over the last 100 years and have caused us to abandon federalism altogether.
 
1. Most importantly we have the tenth amendment which says a power not given to the feds belongs to the states or the people.

"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."

.

Your interpretation is wrong. 'nor prohibited by it to the states' means the states do not have powers that the Constitution doesn't allow them to have.

Combined with the Supremacy clause, the limitations on state power are significant.
 
4. The Supremacy Clause in Article 6 of the constitution.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

The key thing here is the phrase "made in pursuance thereof". Only constitutional federal laws are above state laws. Who decides whether a law is constitutional? The constitution doesn't say which means by the tenth amendment, the states have the authority to nullify federal laws.

Okay, no.

We agree on something. The Constitution is clear, the Federal Government is supreme in those areas it is granted power and all areas required to uphold those specific powers. A State does NOT have the authority to negate Federal Law. If a State disagrees with the Federal Government its right is to petition the Supreme Court for redress. As outlined in the Constitution.
 
Your interpretation is wrong. 'nor prohibited by it to the states' means the states do not have powers that the Constitution doesn't allow them to have.

t.

HAHAHA. Now that is desperate. "Prohibited" means the constitution has to explicitly say that the states do not have the power.
 
"The Constitution is what the Court say it is." Justice Hughes.

That's the opinion of all the supreme court justices since they like having final say on every issue. They make millions every year by selling their vote.

But the constitution does not directly say who has the power to interpret it and thus, by the tenth amendment, the power is with the states or the people.

thinkthinkthink
 
"The Constitution is what the Court say it is." Justice Hughes.

That's the opinion of all the supreme court justices since they like having final say on every issue. They make millions every year by selling their vote.

But the constitution does not directly say who has the power to interpret it and thus, by the tenth amendment, the power is with the states or the people.

thinkthinkthink

The nation accepts the the decision that Court has the power to decide Constitutionality. As for Obama-care didn't Chief Justice Roberts say Obama-care was Constitutional under the welfare clause? By the way Hughes ran for president on the Republican ticket and lost.
 

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