Originally posted by Lemon.Fresh
You Supremacy Clausers are funny.
What’s a “Supreme Clauser”? Someone who doesn’t deny it exists?
You always HAPPEN to miss one small but very important detail . . .
"This Constitution, and the Laws of the United States, which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land." Did you
catch it? The laws of the land must be made in pursuance of the Constitution.
I didn’t miss anything, I’m well aware of the whole language
of the clause. It is you, apparently, who have missed the two main points I raised: the principle of presumption of constitutionality, and that it is
for the judicial branch to determine the constitutionality of laws when they are questioned.
In
Fletcher v. Peck (1810) Chief Justice Marshall noted—
[I]t is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be
considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their
incompatibility with each other.
In
Ogden v. Saunders (1827) the Court, through Justice Washington, further elaborated on the principle—
It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed to presume in
favor of its validity until its violation of the Constitution is proved beyond all reasonable doubt. This has always been the language of this Court
when that subject has called for its decision
Whether Congress enacted a law not in pursuance of the Constitution is to be determined by the Supreme Court, not Arizona’s legislature.
Right now it’s merely your, and Arizona’s, opinion that it wasn’t.
Furthermore . . . Arizona may pass this bill.
Who said Arizona couldn’t pass the bill?
It will be up to the Feds to take it to the Supreme Court.
You recognize the bill, if adopted, has to be challenged in court by the
federal government, but yet here you are arguing that Arizona’s legislature can ignore federal laws it, by itself, determines to be
unconstitutional, without intervention of the judiciary.