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Supremacy Clause - Federal vs. State

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Simple ...

... the Supremacy Clause says the Constitution is supreme, not that the federal government is supreme.

The 10th Amendment says that federal government is NOT supreme.

Further, the Preamble to the Bill of Rights (left off of most versions of the Constitution) and the 9th Amendment and 10th Amendment all say that the federal government has only limited powers and that all rights and powers not delegated do not belong to the feds at all.

Thanks for that!

Right on tha $$$ !

What would the Founders do?

Disagree

Regulation of health insurance that covers a given indivudal across state lines is Constitutional under the commerce clause. Taxation to achieve Obamacare is Constitutional under the Sixteenth Amendment.

Repealing Obamacare is in the purview of the legislature, not the courts.

That is, unless we can repeal the Sixteenth Amendment, which, like it or not, is de facto passed even though it may not be de rigueur passed.

Where in the commerce clause

Where in the commerce clause does it give authority for the federal government to force people to buy any good or service?

Also just FYI the commerce clause means to make regular not governmental intervention with rules and restrictions taxes and license. It was meant to promote tax and duty free trade among the states and protect free trade not license tax and convert it to a privilege...

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

16th Amendment ...

... is about taxing income, not failure to buy health insurance.

I don't think even dumbass Roberts made THAT claim.

16th was never ratified in

16th was never ratified in any case and is, therefore, illegal to begin with. http://www.apfn.net/Doc-100_bankruptcy20.htm

The 16th Amendment is

The 16th Amendment is unConstitutional too.

The article is spot on! The

The article is spot on! The Supremacy clause does not mean "ANY" law passed by the federal government automatically trumps states laws or is even a valid law.

The supreme court has upheld that and gone further to state that any law passed federal or state that violates the Constitution is null and void from inception!

U.S. Constitution, Article Six, 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 Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
(The Supremacy Clause of the U.S. Constitution)

Notice it says the laws in pursuance to the Constitution in the first line... That means the laws cannot violate the Constitution especially the Bill of Rights.

Marbury v. Madison : 5 US 137 (1803):
“No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”

Any law that violates the constitution is null and void from inception "not from the date so branded in an open court of law" and is as as if it has never been passed. They cannot pass a law that violates the Constitution it does not need to wait for the courts to rule on it this ruling covers it immediately!

Murdock v. Penn. 319 US 105: (1943)
“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution... No state may convert any secured liberty into a privilege and issue a license and a fee for it.

Shuttlesworth v. Birmingham Al. 373 US 262: (1962)
“If the state does convert your right into a privilege and issue a license and a fee for it, you can
ignore the license and a fee and engage the right with impunity.”

State laws are in full force and effect as long as they do not violate the US constitution. Any Federal statute that violates the Constitution is null and void as proven above not automatically the supreme law of the land until some court rules otherwise. These are supreme court rulings and never been over tuned!

-----
End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

False problems, false solutions

Like garbage in and garbage out, and they have us coming and going, like fleas in a circus.

The Democratic Federated Republic was designed with a fix to this problem and it worked as it was intended during the days between 1776 and 1788 under The Articles of Confederation.

If you join the Union you can still get out of it, and that is the fix to any problem caused by a criminal Federal officer hired to run the Federal part of the Republic.

No more Dictators, or No More Legal Criminals, just stop paying your Union dues and opt out; which was a design feature written into the concept of a Democratic Federated Republic and exemplified by The Articles of Confederation.

Then things went south, as the False Federalists (actually they were Nationalists/Monarchs/Central Bankers/Slave Traders/Despots) took over with their Usurpation that We The People have been subjected to ever since.

"Indivisible" as proven, finally, with the ObamaNation that became known as The Civil War.

I read a quote attributed to Benjamin Franklin recently that goes something like "Make yourselves into sheep and the wolves will eat you."

If a State employee, hired to uphold the constitutionally limited State government does his job, according to We The People, then the obvious solution is an ultimatum.

He you, Obama, yes you.

We will henceforth be withdrawing all of our funds until you decide what you want to do without our help. If you want to call it War, then bring it on, because it is Liberty or your minions will die, because we are not a bunch of pansies.

Alaska, then Texas, then Missouri, Utah, Arizona, all reporting the same conditions of facts to the Dictator solves the Dictatorship problem.

False solutions solve one thing: restless slave problem.

"This should make people like Engstrom and Siegel, rather than legitimate State law directed at unconstitutional authority, irrelevant."

Lies are relevant to the sheep, not to those friends of liberty.

Joe