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To: 4ConservativeJustices
"Mr. President and Gentlemen of the Convention, I have been honored with a commission by the Convention of the State of South Carolina to repair to your State and lay before your Convention an ORDINANCE of the State of South Carolina ..."

Ordinance is a synonym of LAW.

The supremacy clause:
Clause 2: 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.

It doesn't say how the laws are enacted.

The powers were granted by the constitution. A state law(ordinance) can not trump the constitution.

1,058 posted on 02/05/2004 10:52:42 AM PST by hirn_man
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To: hirn_man
... ORDINANCE of the State of South Carolina

Not an ordinance of the legislature of the state, an act by the people of their state in their sovereign capacity. Again note that the people of the several states are not bound by the Supremacy clause.

It doesn't say how the laws are enacted.

Article I § 7 states 'Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law...'

A state law(ordinance) can not trump the constitution.

The several states ratified unilaterally - no state could ratify for another. Their ratifications were the act of the people of each state - not their legislatures. The act is not their state constitution, or a law passed by a legislature. In Federalist No. 48, James Madison stated that the 'convention which passed the ordinance of government, laid its foundation on this basis, that the legislative, executive, and judiciary departments should be separate and distinct.' It wasn't a law.

1,060 posted on 02/05/2004 7:08:15 PM PST by 4CJ (||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
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