constitutional trumps unconstitutional. I do agree that this law won't change anything though, since the FED would just threaten to cut off funding and the State will fold like an origami swan.
Only some states will fold since there are so many now that are addicted to suckling from the Federal $$ teat.
Our federal system is not a hierarchy. Federal only is supposed to trump State in those specific areas that the States empowered the federal government when THEY created it. The States and the People are supposed to be sovereign in all other respects.
I like this approach. It is as close to what the Framer's intended as I've seen in a long time.
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And if you do a look at the Powers that Our Congress was given, you will find that they overstep their authority all the time. It will take Us = "We The Citizens" (I was going to say We The People, but there is a user here that goes by that name) and those few States that are willing to stand up against the Tyranny of our Government to fix this problem.
It does not help when there are many who would attempt to subvert, sideline, or derail rational discussions that might otherwise lead to education, from achieving its own end result, by trying to interject irrational arguments, half-truths, or out and out misrepresentations.
What the Federal Government is "only supposed to trump" is convenient wording. First, there must be an agreement on whether there is an actual limit to the reach of the Federal Government, by the Constitution.
To other posts:
I would love to see Wyoming pass this law, and then see whatever person has the stones to attempt to arrest any Federal Agent carrying out the good work of the Federal Government--I could be wrong, but I would imagine the Federal Agent will be justified in using lethal forced if pushed; not to mention that most States wouldn't be able to afford a law like this, since, well, they are addicted to Federal money, particularly Republican States.
Let our Constitution be the source of what the Feds were and were not authorized to do, as it is the source of that authority.
http://www.usconstitution.net/xconst.html
Pay close attention to Article 1 Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
and ask if the President is suppose to be Legislating via Executive Order? Answer NO!
Also to Article 1 - The Legislative Branch Section 8 - Powers of Congress
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;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Emphasis added for further review.
If you read the 14th Clause, you will find that they have power to operate the federal government as they have power "To make Rules for the Government and Regulation of the land and naval Forces"
Where does that say that they have power to enact Federal Laws to put States under their Control? It does not!
I will now ask that you look at the 18th Clause "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." They have power to create laws which are BOTH Necessary and Proper (not just one or the other) that allow them to carry out what the --how does it say it-- the Forgoing Powers, or Powers vested in other parts of the Constitution!
Please show me where they are permitted to create:
The CIA!
ObamaCare!
Gun-Control <-- which violates the 2A to begin with
Foreign Aid
Federal Substance Control Laws
I will then ask if anyone can see where these few things are within the Power of our Government, to show the rest of us where that might be.
And do not forget that I still have not covered the 9th and 10th Amendments.
Both of which can be reviewed at the link I provided.