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re: The original Bill of Rights (in its original context) has been dead for along time

Posted on 7/11/24 at 8:46 am to
Posted by BrownLeft Shoe
Berwick, LA
Member since Feb 2018
88 posts
Posted on 7/11/24 at 8:46 am to
This is just my current 2L Law School analysis, but the supremacy clause allows the Constitution to overrule and override any state law that is in conflict with it. Also, the Supreme Court ruled in Marbury v. Madison that the Supreme Court has the ultimate say as to the meaning of the Constitution and what is and isn't allowed. TLDR, the SC ruled in 1803 that the SC can say any state law isn't legal.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
33245 posts
Posted on 7/11/24 at 12:00 pm to
Your idealized view of things was never really the case. Federal supremacy went as far back as Washington and John Marshall. It certainly died straight up with the Louisiana Purchase. Jackson certainly was not into all of the quaint notions of how the Republic should be. James Polk fickin induced a war with Mexico to prove the point.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
33245 posts
Posted on 7/11/24 at 12:23 pm to
What did the idiots think would be the result of them losing the fight.....magnanimous overtures to a valiant though misguided vanquished group of rebels?

Nooooo. Those arrogant fricks got what they deserved. No longer was the Federal Government going to play nice with them and let them have their slaves or whatever else that suited their fancy if it ran counter to Federal Law. It had been trending that way for a while. Southern landowners wanted it one way....their way. They got their way and got their asses handed to them in the process. Forgive me if I don't get all wistful about the loss of Tara and Seven Oaks...and the actions of....."gentlemen" and how they thought this whole Republic would work out.
Posted by Swamp Angel
Somewhere on a river
Member since Jul 2004
8927 posts
Posted on 7/11/24 at 2:24 pm to
quote:

LINK?



Link??? When is the last time you actually read anything written on paper and bound between a front and back cover? Once upon a time there were these things called books. They weren't found on some little screen called a Kindle or anything like that. They were actually physical items that were made of paper bound together in multiple leaves and held fast between two covers.

"Link"
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