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The right does, itÂ’s their ultimate wet dream.
It's interesting that in most cases where the right is arguing to keep or give or return power to the states, it's because conservatives are objecting to some
expansion of rights by the federal government, not some case where the federal government is taking rights away,
unless of course you want to say that the federal government is taking away a state's right to limit rights...
Here's a present for you and m-too.
Be prepared for a short quiz.
"Federalism Definition:
A system of government which has created, by written agreement, a central and national government to which it has distributed specified legislative (law-making) powers, and called the federal government, and regional governments (or sometimes called provinces or states) governments to which is distributed other, specified legislative powers."
Federalism Definition
And Federal authority has always trumped state and local; the states are subject to the Federal Constitution, subject to Federal laws, subject to Federal courts:
US Constitution, Article. VI:
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.
‘If any one proposition could command the universal assent of mankind, we might expect it would be this -- that the Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."’
McCulloch v. Maryland (1819)
“The interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
No state legislator or executive or judicial officer can war against the Constitution without violating his solemn oath to support it.”
Cooper v. Aaron (1958)
“The political identity of the entire people of the Union is reinforced by the proposition, which I take to be beyond dispute, that, though limited as to its objects, the National Government is and must be controlled by the people without collateral interference by the States. McCulloch affirmed this proposition as well, when the Court rejected the suggestion that States could interfere with federal powers. "This was not intended by the American people. They did not design to make their government dependent on the States." Id., at 432. The States have no power, reserved or otherwise, over the exercise of federal authority within its proper sphere.”
U.S. Term Limits, Inc. v. Thornton (1995)