Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: reaganaut1
Huckabee's on the right track, but the beginning point for any discussion about federal power and its limits, whether the executive, legislative, or judicial branch is the Constitution (the "administrative branch" is per se unconstitutional and should be done away with altogether).

The Constitution, via the states and the people, DELEGATES certain ENUMERATED powers to the federal government. The basic presumption of the Constitution is if it's not a power delegated by the Constitution, then it doesn't belong to the feds. Whatever rights and powers the Constitution does NOT delegate to the feds or prohibit from the states or individuals, is retained by the states and the people. This is confirmed by the Ninth and Tenth Amendments which among many other Constitutional texts and understandings, the feds have pushed aside.

The Supremacy Clause (Art VI, Sec2) says that the Constitution and all U.S. laws MADE IN PURSUANCE THEREOF, are the Law of the Land. The Constitution does not support unconstitutional federal laws or acts.

Taken together, the Supremacy Clause and the presumptions of the Constitution as confirmed in the Ninth and Tenth Amendments supports state supremacy and the idea of state nullification of unconstitutional federal acts and decisions.

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. The Tenth Amendment.

State nullification of unconstitutional federal acts is simply the Tenth Amendment in action. It's time.

14 posted on 01/22/2015 11:12:25 AM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: PapaNew
State nullification of unconstitutional federal acts is simply the Tenth Amendment in action. It's time.

It's past time.

28 posted on 01/22/2015 8:53:07 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson