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To: WhiskeyPapa
That is an attempt to skew the record, or if you like, the perception, of these events.
"No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States. But the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State governments."
Chief Justice Marshall, McCulloch v. Maryland, 4 Wheat. 316, (1819)

"When the American people created a national legislature, with certain enumerated powers, it was neither necessary nor proper to define the powers retained by the States. These powers proceed, not from the people of America, but from the people of the several States; and remain, after the adoption of the constitution, what they were before, except so far as they may be abridged by that instrument."
Chief Justice Marshall, Sturges v. Crowninshield, 4 Wheat. 122, (1819)
"At the first presidential election, the appointment of electors was made by the Legislatures of Connecticut, Delaware, Georgia, New Jersey, and South Carolina. ... Fifteen states participated in the second presidential election, in nine of which electors were chosen by the legislatures. ..."
Justice Fuller, McPherson v. Blacker, 146 U.S. 1, (1892)
We are not a democray. We are a Constitional Republic. The "people" of the US are not lumped into one common mass.
49 posted on 12/10/2002 2:32:21 PM PST by 4CJ
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To: 4ConservativeJustices
"These powers proceed, not from the people of America, but from the people of the several States..."

Of course; no dreamer would compound the mass of the American people into one.

"That the United States form, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In many other respects, the American people are one; and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government and in that character, they have no other. America has chosen to be, in many respects, and in many purposes, a nation; and for all these purposes, her government is complete; to all these objects it is competent. The people have declared that in the exercise of all powers given for these objects, it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory.

The constitution and laws of a state, so far as they are repugnant to the constitution and laws of of the United States are absolutely void. These states are constituent parts of the United States; they are members of one great empire--for some purposes sovereign, for some purposes subordinate."

--Chief Justice John Marshall, writing the majority opinion, Cohens v. Virginia 1821

Walt

52 posted on 12/11/2002 3:28:41 AM PST by WhiskeyPapa
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