Via NC Renegade
By Publius Huldah
The courts have lawful authority under the supremacy clause of the federal Constitution (Art. VI, clause 2) to overturn SOME Amendments to State Constitutions and SOME State laws.
It depends on whether the State provision conflicts with the federal Constitution, or with an Act of Congress which is authorized by the Constitution, or with a Treaty which is authorized by the Constitution.
For example: Say a State law says you have to be 45 years old to run
for President. That would conflict with Art. II, Sec. 1, clause 5, US
Constitution, which establishes 35 years as the minimum age requirement.
State laws can’t contradict the Constitution. So a court could properly
strike down the State law which says Presidents must be at least 45
years old.
Do you see? The State Law, or State Constitutional provision, or
State judicial opinion must CONTRADICT something in the federal
Constitution, or Acts of Congress authorized by the Constitution, or
Treaties authorized by the Constitution – before it may lawfully be
struck down under the supremacy clause.
THE REASON AMERICANS HAVE SUCH DIFFICULTY UNDERSTANDING THIS IS
BECAUSE THEY HAVE NOT GRASPED THE SIMPLE CONCEPT THAT OUR FEDERAL
CONSTITUTION CREATED A NATIONAL GOVERNMENT OF “ENUMERATED POWERS” ONLY.
When acts of the national government are authorized by the Constitution, States can not lawfully contradict such acts.
But when acts of the national government are not authorized by the
Constitution, then State legislators, officials and judges are obliged
by their Oaths of Office to SPIT ON UNCONSTITUTIONAL ACTS OF THE
NATIONAL GOVERNMENT.
Read the whole thing @ NC Renegade
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