reply to post by twitchy
I assume you are reffering to the Supremacy Clause of Article VI. Well it is only empowers a universal power or supremacy to the federal government to
asserts ITS CONSTITUTIONAL powers. It can not use it to do something unconstitutional, or illegal which would violate ANY law or treaty.
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, anything in the
constitution or laws of any state to the contrary notwithstanding.
the Supremacy Clause only applies if the federal government is trying to act on its constitutionally authorized powers, as noted by the phrase "in
it does not allow the federal government universal power over the states. It guarantees its constitutional powers yes, BUT it does not grant a
supremacy OVER STATE SOVEREIGNTY.
There have been instances where state laws have simply refused to mirror Federal law. Like for example during the civil rights movement. Victories had
to be won STATE by STATE since each state had its own laws that the federal government was helpless to change.
Or when the national drinking age was raised to 21. Some states refused and forced the federal government to threaten to with hold monies the state
was getting for highways unless they raised their state legal drinking limit to 21 like the rest of the country that had done so already.
Right now if your state decided to ignore EVERY federal law, there is nothing that can be done against it. THERE IS NO PENALTY for not following the
federal government in either the constitution or else where. There are agreements but they rely on state digression and are entirely a courtesy.
STATE LAW IS SUPREME. Your nation (state) is a member of this UNION at its own discretion. That is the true nature of this republic. Every state is
free of the imposition of the other states and especially so of the federal government. We dont even have to succeed. We just say NO, or ignore the
federal laws (suggestions) that we dont agree with. HENCE WHY SOME STATES are PASSING their own LAWS to trump The Obama gun regulations.....There is
NOTHING he can do about it.
edit on 12-1-2013 by zedVSzardoz because: (no reason given)