Posted on 03/30/2011 6:28:27 PM PDT by HMS Surprise
Charity exists for this reason. Government exists to protect the populace and to enforce mutually agreed upon law that does not contravene federal or state constitutions.
You obviously don’t live in NJ.
The five MOST misunderstood words in the modern American lexicon, IMHO.
The Founders knew exactly what it meant. They created the federal constitution to act as a Constitution for the District of Columbia just as each state constitution acted for an individual State.
The federal Constitution itself defines jurisdiction :
Article 1, Section 8, Clause 17
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) ...............
The Rule of Exclusion applies - that which is not included is therefore excluded
§ 207. XIII. Another rule of interpretation deserves consideration in regard to the constitution. There are certain maxims, which have found their way, not only into judicial discussions, but into the business of common life, as founded in common sense, and common convenience. Thus, it is often said, that in an instrument a specification of particulars is an exclusion of generals; or the expression of one thing is the exclusion of another. Lord Bacon's remark, "that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated," has been perpetually referred to, as a fine illustration.
Justice Joseph Story on Rules of Constitutional Interpretation
------------
The only federal authority that can legitimately act within a state is one that must, by definition, act as a concurrent authority WITH a State. Otherwise, the federal authority negates that which created it...a legal impossibility by the Founders' way of thinking.
However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
James Madison, Report on the Virginia Resolutions
sorry. I’ve been jumping down people’s throats a lot lately. The news puts me on edge.
Good point. "Contracts" are voluntary. We're not dealing with contracts here.
So I assume you agree with the article?
In a nutshell, yes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.