To: Bokababe
"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."
The key clause is "in Pursuance thereof".
This means that U.S. laws that are made in violation/contrary to the Constitution are not the supreme law (because an unconstitutional law by definition cannot be the supreme Constitutional law of the land). I think these lawsuits are setting up an unavoidable Supreme Court decision. Most of these State laws against the healthcare purchase mandate specifically reference that the State finds this law to be unconstitutional. This is a circular battle between the States and the federal government until the constitutionality matter is settled.
Whether or not the Supreme Court is the final arbiter of that is another discussion... If rights are inherent, and the Constitution is the duty of everyone to uphold.....?
To: rightcoast
under the Authority of the United States,is more on point. Does the US have the authority to enforce this law?
158 posted on
04/23/2010 2:41:44 PM PDT by
Raycpa
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