Thank you for your rebuttal, but you are addressing the wrong person. This article was from a website called Liberty Nation. I'm positive he would appreciate the feedback. You can send it to him, as well, via the link in the original post.
Thanks,
Lynda
PS Just so you know, my father was a Constitutional Peace Officer..
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Re: Texas Governor to Businesses: Choose Your ....
Supremacy Clause???
Sorry, but I do not agree and in fact believe you are dead wrong in stating that; "The Constitution’s Supremacy Clause provides that federal law wins in any conflict between it and a state law".
The so-called Supremacy Clause in our Constitution I think, if read carefully, can only be interpreted as a conditional statement.
Article VI, Clause 2 of the Constitution creates what is clearly a conditional statement in that with regard to U.S. law being the supreme law of the land it states that; "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof"... the meaning of this of course being that all U.S. law must be “made in Pursuance thereof" with respect to the Constitution in order for any such laws to hold a place together with the Constitution as being the supreme law of the land. United States laws therefore do NOT automatically share the status with the Constitution of being "the Supreme Law of the Land" unless the new laws first meet the all important criteria of having been made "in Pursuance thereof" with respect to the Constitution, and thus an unconstitutional law is void from its inception.
Furthermore, high court ruling have agreed with this interpretation. To wit;
“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” - Marbury v. Madison, 5 US 137
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425.
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491.
Constitutional Right – “A right guaranteed to the citizens by the Constitution and so guaranteed as to prevent legislative interference therewith”. - Delaney v. Plunkett, 146 Ga. 547, 91 S. E. 561, 567, L. R. A. 1917D, 926, Ann. Cas. 1917E, 685. – Black’s Law Dictionary, 3rd Edition.
”The Constitution is a legal binding contract between the government and its employer (the American people). The U.S. Supreme Court was right when it said, "The Constitution is a written instrument and as such its meaning does not alter, that which it meant when it was adopted, it means now!"” U.S. vs. South Carolina (1905).
In fact, with regards to those areas in which the government has taken to requiring a license to exercise a constitutionally protected Right, the high court had this to say:
"The U.S. Supreme Court broadly and unequivocally held that licensing or registration of any Constitutional Right is itself unconstitutional." -- Follett vs. McCormick, S.C., 321 U.S. 573 (1944).
But of course in television and in movies we are always shown the feds swooping in and taking over a case with the claim of having the superior jurisdiction and overpowering the local authorities with their claim of federal law always being supreme. But isn't this just another example brainwashing the masses?
Let us not forget nor overlook the fact that we have a Tenth Amendment. And remember also that the highest law enforcement authority in the land is your local county sheriff. Local county sheriffs have the authority, and in fact have done so in countless cases, restricted and prohibited federal agents from entering their jurisdiction to harass local citizens. Look up the great work being done by Sheriff Richard Mack in educating sheriffs and the public with the work from his CSPOA (Constitutional Sheriffs and Peace Officers Association).
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