From: Jim Choate <ravage@ssz.com>
Date: Tue, 30 Dec 1997 01:59:33 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: constitution.amendmentxi.html (fwd)
Message-ID: <199712291820.MAA02795@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> From: "William H. Geiger III" <whgiii@invweb.net>
> Date: Mon, 29 Dec 97 11:36:51 -0600
> Subject: Re: constitution.amendmentxi.html (fwd)

> By your logic the individule States have no sovernty and the citizens of
> one state can impose thier will against the citizens of another. This
> clearly goes against both the spirit and the letter of the Constitution.

Not exactly. States have the sovereignty *given* them by the Constitution
and their individual state constitutions. Further, one state can *not* under
the Constitution deny me a right in that state that I have in another.

Perhaps an example. The 2nd gives me the right to bear arms. Texas'
constitution gives the Texas legislature the right to regulate the ownership
and carrying of arms by Texas *citizens*. Those same laws could *not* be
used to deny a citizen of Louisiana from carrying their weapon if *their*
constitution does not regulate such activities.

It isn't *my* logic Bill, it's the Constitutions law:

 
				ARTICLE X. 
 
	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. 

 
It goes like this:

 -  A question of jurisdiction is noted.

 -  The Constitution is examined to see if it is assigned to the federal
    government.

 -  If it isn't then we look to see if the Constitution denies that power
    to the states. If not then the individual states may impliment it as
    *their* constitutions allow, provided it does not break any of the
    Constitutions dicta about equal protection and recognition.

 -  If the state constitution doesn't cover it *or* it is denied to the
    states by the Constitution then we each get to decide it on our own
    by our own means.


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