The State or the People: Who�Is�Sovereign? by John Tyner:
"As I pointed out above, the government makes, enforces, and determines the legality of the law(s); there's nothing to stop it from doing whatever it wants.
In addition, the U.S. Constitution doesn't even grant any branch of the federal government the authority to carry out that last task. The Supreme Court arrogated that power unto itself in Marbury v. Madison, but I digress.
Instead, the reader contended that it was up to the states and the people of them to restrain the federal government. He continued, though, that the War Between the States essentially crushed that ability.
The following Supreme Court case of Texas v. White declared the act of secession illegal. By declaring secession illegal, the federal government was basically declaring the states were not sovereign (any longer).
These occurrences, in his view, were the real source of the demise of the rule of law, at least as I portrayed it in my writing. If the states are not sovereign, if the federal government is the supreme authority, then the 9th and 10th amendments to the U.S. Constitution were and are worthless."
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Hey, See the Reader Responses on each article,
they are gems in themselves!
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Gunny G: BLOGGER 1984 +
http://gunnyg.blogspot.com
and...
http://gunnyg.wordpress.com/
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Note:
The 'Reader Responses; shown on many posts/articles are almost always worthwhile reading.
Often, the comments by readers enhance the posted article greatly, and are informative and interesting.
Hopefully, all will remember to read the reader comments, and post their own as well.
Thanx
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