[LexBaird]

The supremacy clause only means that federal statutes are superior to state ones - it does not mean that restrictions placed on the federal government are also automatically placed on state governments.

It also means that the Constitution is supreme over both. The BoR details some rights reserved directly by the people, and, in the 10th, forbids power over such rights to the States. Only in the 1st is the limit placed solely on the Congress, and the 7th on US courts, with the rest just stating certain reserved rights without reference to delegating power to regulate them to the States.

[tpaine]

Political Junkie Too:

I'm still not following why the Article VI supremacy clause doesn't already do this.

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JeffAtlanta:

Because the Bill of Rights are restrictions on the federal government only. The supremacy clause only means that federal statutes are superior to state ones - it does not mean that restrictions placed on the federal government are also automatically placed on state governments.
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LexBaird:

{The supremacy clause] -- also means that the Constitution is supreme over both. The BoR details some rights reserved directly by the people, and, in the 10th, forbids power over such rights to the States.

Only in the 1st is the limit placed solely on the Congress, and the 7th on US courts, with the rest just stating certain reserved rights without reference to delegating power to regulate them to the States.


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Well put fellas; -- but of course the 'state rights' crowd will continue to deny the fact that the power to ignore the Constitution is "-- prohibited by it to the States --"