no....... enabling law is federal law.......for a state to join the union, its constitution must not be repugnant to the federal Constitution or the DOI, as stated by federal law......which federal law, can be created on the issue of states joining the union...because Constitution grants that constitutional power.
in the revised statutes...again you dont read.......you skip and read what you wish to read.
the organic laws of the u.s. are not [positive law.......they are NON-positive law]
Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).[1] Statutes may originate with national, state legislatures or local municipalities. Statutory laws are subordinate to the higher constitutional laws of the land.
Statutory law - Wikipedia, the free encyclopedia
The Code of Laws of the United States of America[SUP][1][/SUP] (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, or U.S.C.) is the official compilation and codification of the general and permanent federal statutes of the United States.
the constitution is federal law. It applies to the federal govt and all of the states and is a part of the revised statues of the usa, which is a compilation of federal law and a precursor to the us code
united states code - wikipedia, the free encyclopedia
wrong.... The constitution is not federal.law..positive law.
Federal law is passed by congress and the president signs the law.....constitutional law is ratified by states......
the constitution is federal law.
What you describe is called "statuatory law". Federal law includes non-statuatory law such as court decisions, common law, and the constitution
you did not read well,.....only the DOI, was inserted into the revised statures of 1878..not the constitution, the Constitution and the DOI, ARE USED in u.s. enabling law.
the constitution is the supreme law of the land.
u.s. code /statue law, is federal law....this is what government operates off of.
constitutional law is passed by amendment thru congress and then on to the states were 3/4 of them must ratify that amendment to become constitutional law.
federal law is passed by congress and signed by the president and becomes law.
federal law...is subservient to constitutional law
On the one hand I see the point of protecting the laws of individual member states from being flouted by moving to another state.first...... when i said.... not involved in the personal life's of the people.........AGAIN...as i have stated many times over and over......"involved" meaning the CONGRESS creating laws [federal law] ......[not the federal courts, or the executive branch] on the back of Citizens, concerning their bodies, the property they have created, or worked for.
the Constitution states that the federal government will uphold state laws, if a person were to escape to another state, the law does not mention slavery, it covers slavery and indentured servitude which existed....for black and white people.
remember the words....."ensure domestic tranquility".........the federal government has no authority over slaves, its a state issue, one of the goals of the Constitution is to keep peace between the states...which were fighting with each other before the Constitution was written.
NOTE: if you read, the original clause of the Constitution it said this: No person legally held to service or labor in one state, escaping into another, shall in consequence of regulations subsisting therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labour may be due.
the founders stuck out "legally"
Art. IV. sect 2, parag: 3. the term "legally" was struck out, and "under the laws thereof" inserted after the word "State," in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that slavery was legal in a moral view--
On the other hand, I do not support a constitution that allows a member state to treat it's population (in part or in whole) unjustly.
It's different now.remember the Constitution just divided power between the states and the federal government.
some state powers, were given to the federal government by the states but the states still remained separate and independent.
the states under the article of confederation states were embroiled in many problems between themselves, the Constitution delegated powers to the federal government to solve those problems and create tranquility among the states.
It's different now.
What, then, is the recourse, should a member state decide to do something against the constitution?but i am explaining what the constitution purpose was......it was not about giving people things, doing things for people personally.
What, then, is the recourse, should a member state decide to do something against the constitution?
But how do you enforce that?states are subject to the federal courts, when controversies arise.
today we see "congress" trying to solve controversies which is not there job.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
But how do you enforce that?
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