Holder can take the Supremacy Clause and shove it up his Obama.
Only valid federal laws enacted pursuant to enumerated powers under the Constitution, with the Tenth Amendment as a backdrop, are supreme.
The left has been claiming supremacy for the Feds to do whatever they want to whoever they want under their misguided interpretation of the Constitution.
I’m a lawyer and I know full well how this plays out. That said, states need to STOP trying to fight the federal government by playing by their rules on their turf. Just tell them to STFU and hold your ground.
Don’t try to litigate in a federal court expecting a fair shake.
That is one of the many reasons the 17th Amendment was such a horrible idea.
Imagine all federal judges having to be confirmed by a body (senate) comprised of essentially embassadors from each state to represent the states best interest. The all powerful commerce clause (presently in question) would not be what it is today, and the Tenth Amendment would carry a lot if weight.
The 17th Amendment took a brilliant concept by the founders and twisted it beyond repair.
Now in the legislative brach we simply have the same pigs kept in two separate pens.
It should be one body to quickly act on behalf of the people, knowing that reelection is just around the corner.
Then a completely separate body that is there to slowly deliberate and advocate for the interest of their state.
That’s what would have stopped all the nonsense since the 17th A was adopted.
Very well stated.
I agree the 17th needs to go.
While I used to support the repeal of 17A and would still support its repeal, 17A only reflects the actual problem with unconstitutionally big federal government imo. After all, federal senators take an oath to protect and defend the Constitution, including respecting the federal government's constitutionally limited powers, no matter who elects them.
But more specifically, generations of "fat, dumb and happy" partriots have not been making sure that their children are being taught the Constitution as the Founding States had intended for it to be understoood, particularly the division of federal and state government powers evidenced by the Constitution's Section 8 of Article I, Article V and the 10th Amendment. So Constitution-ignorant patriots can sleep in the bed that they have made for themselves with respect to now having unconstitutionally big federal government on their backs.
Great comments & I heartily embrace your constitutional views & unfettered manner of speaking.
As a U.S. citizen in good standing, I hereby nominate & proclaim you for the Supreme Court. You may replace any one of the following 4 justices.... Breyer, Kagan, Sotomayer or Ginsberg (especially anyone of the last 3)