To: hirn_man
... ORDINANCE of the State of South CarolinaNot 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
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To: 4ConservativeJustices
Article I § 7 states 'Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law...'
Thats how the Federal Government enacts laws. The Constitution doesn't say how laws are enacted by the states. States enact laws all the time by referendum. It doesn't matter how the states create a law if it is in conflict with the constitution, the supremacy clause comes into play.
If you don't think an ordinance is a law, try telling that to the cops when you violate one.
Now Im ROTFLMAO!
To: 4ConservativeJustices
"Again note that the people of the several states are not bound by the Supremacy clause."
I do not believe that is in my copy of the constitution. Could you show me where that is?
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