10/09/2020
The federal government is NOT the ruling class of our Constitutional Republic, We The People are.
Many people seem to have the impression that federal law supercedes all else, but that is not the case. Or at least it's not supposed to be, Constitutionally speaking. Federal law ONLY takes precedent over state law in the areas ENUMERATED in the Constitution as federal powers.
10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
However, the Constitution DOES limit the states, in some cases. The Supremacy Clause of the U.S. Constitution (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme law of the land". Read that again, federal laws made "PURSUANT TO" the Constitution, ie. within the limits of enumerated federal powers, NOT any federal law. So, state laws cannot supercede federal law in those areas of enumerated power. Which means states cannot pass laws that violate Constitutional protections, ie. the Bill of Rights, that violate free speech, freedom of religion, right to bear arms, due process, etc. The rights protectioned in the Constitution and Bill of Rights are, in fact, the "Supreme Law of the Land."
9th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
We The People are the final authority on our rights. Just because a right is not specifically protected by the Constitution or Bill of Rights does NOT mean we don't have it. However, it is up to us, as citizens, to fully understand the difference between a Right and a want, desire or privilege. A right is equally applicable to ALL Americans, not any subgroup. If it is not universally applicable, then it's probably not a right.
Jon Britton aka Doubletap