Posted on 08/05/2015 10:17:15 AM PDT by rktman
The above is from the article linked by you to the thread.
It is incorrect.
As ratified the Constitution of 1787 and the Bill of Rights were restrictions on the power of the Federal Government only as the STATES were independent and Sovereign Nations.
It was not until the end of the Civil War, the ratification of the 14th Amendment and the imposing of the Incorporation Doctrine that it came to be that the limitations of the Bill of Rights was seen as also imposing limitations on the actions of the States.
Article. VI.All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
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 Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Paragraphs 2 and 3 of Article VI clarify your misunderstanding and were ratified in 1787.
Which means that only laws made within the limits and under the powers delegated to Congress and the Federal government by the constitution shall have dominance over the states. The Tenth Amendment is all about this phrase.
Any other acts of congress are invalid. (Which means the vast majority of the federal laws on the books are invalid)
Just because congress shall pass no law or shall not infringe does not mean the states can not.
The incorporation doctrine, if you accept its validity, wipes this out with a ruling of the USSC. Personally I do not accept that the court has that power.
Suit yourself.
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