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To: WhiskeyPapa
The laws passed in pursuance to the Constitution are also the supreme law of the land

Actually they don't. The Constitution 'trumps' as you say ANY law, therefore the 10th Amendment applies over any of your 'perceived' powers that lincoln might have had. And even you have to admit going back 80 years to pull up that argument is pretty weak considering the actions of the northern states during the war of 1812. Also it could be argued that the nullification of the Alien and Sedition Acts passed AFTER the Militia Act virtually nullified the teeth in that Act as well.

372 posted on 04/04/2002 11:07:23 AM PST by billbears
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To: billbears
The laws passed in pursuance to the Constitution are also the supreme law of the land

Actually they don't. The Constitution 'trumps' as you say ANY law, therefore the 10th Amendment applies over any of your 'perceived' powers that lincoln might have had.

The Supreme Court failed to find such logic compelling when it cited the Militia Act as empowering the president to act, or when they referred to the "So-called Confederate States" as being in rebellion.

Walt

373 posted on 04/04/2002 11:10:43 AM PST by WhiskeyPapa
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