In the original vision, u/420-Trump-2020 is right. There was a balance, but the states were supposed to wield the most power. They simply had to agree not to violate the Constitution.
Things flipped obviously along the way.
Ironically enough, all these tyrannical governors are showing that the states do have more power than we assumed.
No, he's not even right going back to the beginning. The US Constitution was from the beginning designed to be the highest controlling legal authority in the land. There is no doubt about this.
It's true that federal powers were supposed to be far more greatly constrained. That has slipped over the years. No one would deny that. But that is besides the point.
The point at issue is whether the federal government should stop the states from issuing these emergency declarations and mitigation efforts. The argument I'm on the side of is that, Yes, it should, because our basic Constitutional rights are being violated, and it is the responsibility of the federal government to protect those rights.
US states are not sovereign states in the same sense that the US or Germany or Japan are sovereign states. To say a state is sovereign is to say there's no higher legal authority. US states are not sovereign in that sense, and never have been. The US Constitution is the law of the land, and so too is federal law. That was established in the Constitution and through many court cases in subsequent years.
States first tried to nullify federal law during Andrew Jackson's administration. He squashed them, and he's been upheld in courts ever since.
No, you literally do not understand the system, when you say "the state is above the federal government".
In the original vision, u/420-Trump-2020 is right. There was a balance, but the states were supposed to wield the most power. They simply had to agree not to violate the Constitution.
Things flipped obviously along the way.
Ironically enough, all these tyrannical governors are showing that the states do have more power than we assumed.
No, he's not even right going back to the beginning. The US Constitution was from the beginning designed to be the highest controlling legal authority in the land. There is no doubt about this.
It's true that federal powers were supposed to be far more greatly constrained. That has slipped over the years. No one would deny that. But that is besides the point.
The point at issue is whether the federal government should stop the states from issuing these emergency declarations and mitigation efforts. The argument I'm on the side of is that, Yes, it should, because our basic Constitutional rights are being violated, and it is the responsibility of the federal government to protect those rights.
US states are not sovereign states in the same sense that the US or Germany or Japan are sovereign states. To say a state is sovereign is to say there's no higher legal authority. US states are not sovereign in that sense, and never have been. The US Constitution is the law of the land, and so too is federal law. That was established in the Constitution and through many court cases in subsequent years.
States first tried to nullify federal law during Andrew Jackson's administration. He squashed them, and he's been upheld in courts ever since.