The_Patriot
DP Veteran
- Joined
- May 28, 2010
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Re: Did the Federal Government Create the States or Did the States Create the Federal
Actually, the states do have a choice since they can refuse to implement a federal law and there is nothing the federal government can do about it. Get enough states to resist it and the federal government can do nothing since they do not have the manpower to enforce it. There were states like Utah that passed nullification of No Child Left Behind and they haven't complied with federal law.
I'll trump Andrew "Genocidal Maniac" Jackson with the Constitution. I give you Article I Section VIII Clauses XVII-XVIII, Article IV Section III Clause II, and the Tenth Amendment.
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.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
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.
Article I Section VIII Clauses XVII-XVIII limits the jurisdiction of where Congress can pass laws to only the territories and possessions owned by the federal government. The federal government does not own the states. Article IV Section III Clause II makes it clear that Congress cannot pass a law, regulation, or rule that prejudices the claim of a state since jurisdiction applies to the states inside of their borders. This is backed up by the fact that every state has their own Constitution, Civil Law, and Criminal Law that is in no way uniform. The only time federal law is used is when something occurs on federal territories, possesions, and buildings. The Tenth Amendment clearly states that if the states are not prohibited by the Constitution then they are free to use the powers they have within their state borders.
The implementation of the Real ID Act has been extended to 2011. Currently, it's constitutionality is being questioned and a potential repeal is in the works. As of now, though several states have stated that they will not implement it, if it is not repealed, they will not have much of a choice.
Also, I think President Andrew Jackson said it well: "I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which It was founded, and destructive of the great object for which it was formed."
Actually, the states do have a choice since they can refuse to implement a federal law and there is nothing the federal government can do about it. Get enough states to resist it and the federal government can do nothing since they do not have the manpower to enforce it. There were states like Utah that passed nullification of No Child Left Behind and they haven't complied with federal law.
I'll trump Andrew "Genocidal Maniac" Jackson with the Constitution. I give you Article I Section VIII Clauses XVII-XVIII, Article IV Section III Clause II, and the Tenth Amendment.
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.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
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.
Article I Section VIII Clauses XVII-XVIII limits the jurisdiction of where Congress can pass laws to only the territories and possessions owned by the federal government. The federal government does not own the states. Article IV Section III Clause II makes it clear that Congress cannot pass a law, regulation, or rule that prejudices the claim of a state since jurisdiction applies to the states inside of their borders. This is backed up by the fact that every state has their own Constitution, Civil Law, and Criminal Law that is in no way uniform. The only time federal law is used is when something occurs on federal territories, possesions, and buildings. The Tenth Amendment clearly states that if the states are not prohibited by the Constitution then they are free to use the powers they have within their state borders.