http://www.patriotsunion.org/FederalSupremacyClause.htm
The FACTS about the federal supremacy clause – the FACTS matter, opinions don't.
This is the operative section of the Constitution pertaining to the supremacy clause – Article VI Section II
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; [1] and all treaties made, or which shall be made, under the authority of the United States, [2] shall be the supreme law of the land; and the judges in every state shall be bound thereby, [3] anything in the Constitution or laws of any State to the contrary notwithstanding. [4]"
(Explanation of critical text in order)
[1] The U.S. Constitution is indeed the supreme law of this land. Laws of the United States also enjoy supremacy over state and local statutes, so long as they are made under the specific authority of the powers granted the United States via Constitutional text. Laws created outside of the enumerated powers of the United States are by definition "unconstitutional" and therefore, bear no weight or authority whatsoever.
[2] This means ONLY laws passed by congress, the branch given law-making authority in the Constitution, not laws created by the Judicial or Executive branch; and laws passed by legitimate legislative processes, within the confines of congressional Constitutional authority - have supremacy. Unconstitutional laws carry no weight or power at all.
[3] Judges are not granted the authority to enforce "social justice" or invent laws via broad interpretations of unwritten text. They are obligated to enforce existing laws as they are written and passed by congress and signed into law by a legitimate chief executive. Judges are obligated to administer equal justice to all, without regard to race, creed or color. Equal justice requires equal application of the same standard, the same laws, as written, not as imagined one case to the next, by one judge to the next. As stated in this section, judges in every state are bound by this duty, and are in violation of their oath if they fail to adhere to this obligation.
[4] It is on this strict basis that federal constitutional laws have supremacy. If a federal law does not meet all of these requirements, it does not enjoy supremacy. The states agree to this via the compact (or contract) known as the U.S. Constitution.
Remember that the state constitutions existed first, and that the U.S. Constitution was drafted to limit federal authority to that which did not violate any of the state’s rights under the state constitutions. In this way, the states have supremacy, with the limited exception of specific enumerated powers granted the federal government by the many states.
The IX Amendment
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The rights of a free people are endless. The rights of their government are therefore limited and specifically enumerated by compact. The people have supremacy over their government, with the exception of specific powers the people have granted to their government.
The X Amendment
"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."
Simply stated, the federal government has no authority in affairs of each state, beyond the powers specifically granted it by the states and enumerated in the U.S. Constitution. If the federal power does not appear in the constitutional text, it does not exist and each state has the right under the Tenth Amendment to reject any federal mandate which the government lacks the authority to issue. Further, every judge is bound by this truth.
The Justice Division
The United States Patriots Union, LLC
1617 North Main Street, Suite B, Sheridan, WY 82801
www.PatriotsUnion.org
Replies
What Constitution ???
Have you read the Discussion recently posted on the "NewStates Constitution", prepared by Cass Sunstein, Van Jones and the cabal? It has none of these restrictions and is chilling!
Too bad that no one in Washington will follow the laws of the Constitution or the Oath that they took.. But only really just work for themselfs with the exception of the white house an they work for Soros and the MB not the people of America...
So frustrating! It makes no difference what the Constitution says as long as those in authority, as is the case now, choose to countermand its imperatives as a matter of course. The Federal festering will continue as it is being supported by a largely self centered, entitlement minded electorate more concerned with their own selfish wants than what is Constitutional or good for the Republic. The system has been corrupted. You can't play by the rules in a rigged game and expect to accomplish anything but what those who make the rules allow you to accomplish, PERIOD!
So what? If those in power say you and I are terrorists we are screwed. The courts can not be trusted, the laws are distorted to be anything those in power want, the ACLU has worked for a century to dismantle the Constitution by having judges make laws. Knowing that we have rights does not guarantee the execution of those rights.
Obama has broken so many laws it is unbelievable yet, no one, not a politician, Law Enforcement Officer, judge or group of citizens can do anything about it.
Other than a revolution, and I mean a real revolution, we might as well settle down to being slaves in our own country.
I have a question for someone who is a Constitutional Authority, in the above articles.
Specifically Aricle VI Section 2 (under Explanation of Critical Text 2) : "It seems that means that Executive Orders are unconstitutional since the specified body, i.e. Congress did not pass them, to be signed into law by the President, IF THIS IS SO, HOW AND WHEN DID WE BEGIN GETTING EXECUTIVE ORDERS?"
We can not trust any politicians or judges.
We have one chance left in Nov. 2012. We have a few who are trying but the courts keep sidestepping. If we do not have an honest election then it is time for all Patriots to march, The people do still have the power to remove corrupt Governments. We dont need to fire the first shot, just as long as we fire the last shot.When the people say they have had enough the lefties will run and hide as they are nothing but a bunch of spineless lieing cowards in the first place. What will they do when faced with the largest armed standing army in the world, the american gun owners. No one wants this but when tyrants take over and turn traitor it is the duty of the people to throw them out, arrest them, Try them for Treason then execute them.
I will never be a slave!!!!!!! I have the means and knowledge to resist these tyrannts!!! The Lord God of Abraham, Isaac, and Jacob is at my side!! "The Lord is my shepard, I shall not want....."
Great Awakening: A real battle or just some political debate?
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