On Feb 17, 2012, at 4:50 PM, Francis Drouillard wrote:

> Good for them. The states need a showdown over the 10th Amendment. Time to 
> re-establish the constitution limits on federal power and put the statists in 
> their place. Time to make the country a good place for everyone and not just 
> the elitists in government and their corporate cronies.

Here, let me see if I can explain it to you in small words...

First, THIS is the Constitution we're talking about 
<http://en.wikipedia.org/wiki/US_Constitution>, not this one 
<http://en.wikipedia.org/wiki/CSA_Constitution>.

Article 6:

"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 Tenth Amendment is one of those 'any thing in the Constitution' cases, and 
this proposed law is covered under ' Laws of any State to the Contrary'

What this means, in simple words is that US law beats state laws. 

Article 3, section three of the ARIZONA state constitution:

"3. Supreme law of the land
Section 3. The Constitution of the United States is the supreme law of the 
land."

This law is unconstitutional on the face of it, in either State or Federal 
court.

ALL that the 10th amendment says is that rights not reserved by the 
Constitution or the People are reserved by the States.

It DOES NOT MEAN that the States get to decide what is or isn't a valid 
constitutional law before applying it in their state.

Like it or not, Francis, the states are subordinate to the federal government.  
If you hadn't learned your history from Conservapaedia, Rush and Glenny, you 
would understand that this is THE EXACT ISSUE that LEAD to the current US 
Constitution.

What this means, in laymans terms, is that the yutzes in the Arizona 
legislature are bone ignorant not only of the Constitutions, PLURAL, that they  
swore an oath to uphold, but th basis in which they're claiming to have 
authority. 

For a state to claim a 19th Amendment right under the constitution, they have 
to have the law in question declared unconstitutional.

This is a very high hurdle to overcome because this:

"The Congress shall have power To lay and collect Taxes, Duties, Imposts and 
Excises, to pay the Debts and provide for the common defence and general 
Welfare of the United States; but all Duties, Imposts and Excises shall be 
uniform throughout the United States;"

is an incredibly broad allocation of powers, deliberately so. It's also been 
held up as such ever since the beginning.

'General Welfare' is the key phrase here, and virtually *anything* can be 
construed to fit.

Like it or not, Francis, you're a citizen of the United States *first*, then a 
resident of California. Feel free to not let the door hit you on the ass on the 
way out if you disagree.

-- 
Bruce Johnson

"Wherever you go, there you are" B. Banzai,  PhD

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