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The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
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.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
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.
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.
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.
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.
No, it doesnt.
Thats been a misread of the Amendment for almost 200 years; and to continue to perceive the Amendment in that manner is an act of willful ignorance.
The Constitution affords Congress powers both enumerated and implied, the states are subject to acts of Congress, the Federal Constitution, and the Federal courts, and the 10th Amendment in no way strips the Federal government of [the] authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. US v. Darby (1941). See also: McCulloch v. Maryland (1819), Cooper v. Aaron (1958), and U.S. Term Limits, Inc. v. Thornton (1995).
Who decides if a law is Constitutional?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.
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.
No, it doesnt.
Thats been a misread of the Amendment for almost 200 years; and to continue to perceive the Amendment in that manner is an act of willful ignorance.
The Constitution affords Congress powers both enumerated and implied, the states are subject to acts of Congress, the Federal Constitution, and the Federal courts, and the 10th Amendment in no way strips the Federal government of [the] authority to resort to all means for the exercise of a granted power which are appropriate and plainly adapted to the permitted end. US v. Darby (1941). See also: McCulloch v. Maryland (1819), Cooper v. Aaron (1958), and U.S. Term Limits, Inc. v. Thornton (1995).
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The nation accepts the the decision that Court has the power to decide Constitutionality.
The Constitution is QUITE clear on what happens when a State or States disagree with the Federal Government. It is decided by the Supreme Court. It is clear as a bell and in plain english. Perhaps you should read the section on the power of the Court.
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.
Article III paragraph 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
Article III | U.S. Constitution | LII / Legal Information Institute
This means the States, upon 2/3 of them, can call a Convention, regardless of the federal Congress's permission, and amend the Constitution in any way they please, including the dissolution of the federal government entirely, so long as 3/4 of the States agree and ratify those changes.
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Who decides if a law is Constitutional?
The Supreme Court, dumbass!
Who decides if a law is Constitutional?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.
The Supreme Court, dumbass!
And if the Framers wanted the States to have more authority, they would've of kept more of the Articles of Confederation.
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They did want the states to have more power as outlined by the fact that the constitution actually gave them that power. There is a HUGE gap between the states power under the constitution and under the articles. The articles gave the central government almost zero power. IT made it completely worthless. Under the constitution, the federal government has VAST powers. Raising armies, funds, managing foreign treaties, coining and managing trade between the states among those. The point is though that power was LIMITED and that there are areas where the states have power and the final say. That was how the government was originally supposed to run. It was yet another separation of power. Everyone seems to understand that the 3 branches represents a balance of powers but they instantly become confused when acknowledging that the same thing existed between the states and the federal government itself. There are areas where the states are supposed to have the powers and where the federal government has those powers. The constitutions entire point was LIMITING the federal government responsibilities.
I cant fathom how this is so damn hard to understand when it is CLEARLY outlined by the tenth which declares all powers that are not denied to the states are under the constitution are the states responsibility. The system that the left wants simply ignores that the states exist at all and treats them as arms of the federal government. It is asinine.
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
