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To: Non-Sequitur
The supremecy clause makes the Constitution the supreme law of the land, trumping state constitutions and laws made under them when they conflict with the Constitution.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Article VI § 2

One problem. The Constitution does not grant the courts any power over the people of the state in their sovereign capacity, the acts that resumed delegated powers were not laws, nor was it anything within the state constitutions. It was a solemn act of the people of each state, via their representatives in convention assembled - meeting the guarantee of republican government – that resumed the powers that the state had previously 'delegated' to the federal government.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment X

Delegated, meaning that the people can choose a replacement 'delegate', or simply resume the powers transferred to their representative.

Furthermore, the Court failed to recognize the validity of the secession acts, as required by the Constitution:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.
Article IV § 1
It's not, 'may be given', or only on Thursdays, it reads 'shall be given'. The decision has no legal basis, Chase made it up.
1,054 posted on 02/05/2004 7:26:23 AM PST by 4CJ (||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
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To: 4ConservativeJustices
The Constitution does not grant the courts any power over the people of the state in their sovereign capacity, the acts that resumed delegated powers were not laws, nor was it anything within the state constitutions.

The acts of secession were legislation passed by the Texas legislature, and which violated the Constitution.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Approval of actions concerning the status of states was a power delegated to the United States Congress by Article IV of the Constitution.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

When those public Acts do not violate the Constitution, yes.

1,055 posted on 02/05/2004 8:05:31 AM PST by Non-Sequitur
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To: 4ConservativeJustices
"delegated to the United States by the Constitution"

One problem with your faulty logic.

The powers were delegated BY THE CONSTITUTION. So therefore they could only be "undelegated" BY THE CONSTITUTION.

Words have meaning. You guys have to butcher the 10th to make it mean what you want it to mean.
1,057 posted on 02/05/2004 10:16:31 AM PST by hirn_man
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