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To: RobbyS

Pretty ironic considering that the US Federal Gov’t has more power over the states than the the Crown ever had over the largely self-governing American colonies...


22 posted on 08/06/2012 2:05:45 AM PDT by sinsofsolarempirefan
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To: sinsofsolarempirefan
This has been true since the Civil War. One reason why the Civil War Amendments were long not enforced was that potentially they in effect made the States subordinate to the Federal Courts. So it began with the Court restricting State power over the railroads and other corporations thru the Commerce Clause and the Contract Clause. Once the progressives too charge, then other powers were taken away from the States. Death by a thousand cuts. Dred Scott--to protect slavery --restricted the power of the states to protect its inhabitants. Showing that the war was not about state’s rights within the Constitution but about the states as sovereign entities. Hence the terms of the Confederate Constitution.
23 posted on 08/06/2012 9:57:37 AM PDT by RobbyS (Christus rex.)
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To: sinsofsolarempirefan

Incidentally, and this comes off the top of my head, a truly “Tea Party” change in government would entail a new Judiciary Act that would radically change the jurisdiction/make-up of the Federal Courts. This is not going to happen, because there are too many lawyers in politics, and nothing horrifies them than the thought that they might have to adjust to a new way of doing things and create a whole new professional network. They don’t mind letting bureaucrats set impossible new standards for truck engines, but the very idea of producing an efficient legal system just makes them wet their pants.


24 posted on 08/06/2012 10:14:18 AM PDT by RobbyS (Christus rex.)
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