ihopehefails
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- Oct 3, 2009
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- #41
It is not nullifying the supremacy clause becaust that clause declares that the constitution is the supreme law of the land, not the federal government.
So why does it say:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding
Federal laws are the Supreme laws of the land. You can't narrow the Clause to just the Constitution when the clause specifically states otherwise.
Am I saying that it isn't a limitation on the state? Of course not. I'm saying that it prevents the state from taking no action at all in enforcing the equal protection of its laws. It was originally passed because the south wasn't taking any action in protecting the rights of blacks so it actually makes the state take action to enforce equal protection of its laws.
It was passed to give the Federal Government power to enforce equal protection on the States. Not to give the States power. You're interpretation is absurd because the States inherently have power to provide equal proection before the law with the 10th amendment. There is no point to add another amendment to give states power they already have. This amendment is designed to empower the Federal Government.
If states have the right to nullify federal laws and that is debatable then it has the right, under the 14th amendment, to take action to ensure the equal protection of its laws.
States have never had power to nullify Federal Law. The Supremacy clause prevents such actions. States do have power to challenge laws in Court on the basis that the Federal Government lacks the Constitutional authority to pass the law, but they can't nullify Federal Law.
This wouldn't be an issue if we hadn't removed the States original check on the Federal Government.
laws made in pursuence of are the constitution not all laws created by the federal government. There is a difference.