Supremacy Clause; Subject to Judicial Whim?

An exceptionally intelligent and civic minded group of high school students traveled to the Capitol with NTCL on May 6^th.   Their visit to one of the 181 legislators’ office revealed some disappointment during civil discourse centered on the supremacy clause in the U.S. Constitution (Article VI), which states that the constitution is the basis for all laws.  The 2^nd clause (stipulation or provision) often referred to as the “supremacy clause”, specifies that all laws shall be “made in pursuance” of the constitution and shall be “the supreme law of the land”, and “anything in the Constitution or laws of any State to the contrary notwithstanding.”  “Notwithstanding” means: regardless of, in spite of, or in any case.  In short, regardless of mans’ future tendencies to err, whether it be in the executive, legislative, or judicial branch, the government is still limited to specific powers and duties.  The legislator in question argues that Article VI states that federal law trumps state law. To settle this argument, the first 5 words of our constitution tell the story: “All legislative powers herein granted…” The Peoples’ creation of a limited government with limited powers remains the supreme law. It is the moral duty of the 83^rd Legislature to uphold these limits.

Article V directs the process to amend the constitution.  The 9^th & 10^th Amendments secure the powers not specifically granted to the federal government in the constitution, and are thus retained by the People or the States.  Therefore this Texas citizen argues that health care and the right of self-defense (among numerous other rights) are individual rights and responsibilities that our Texas legislators have a moral duty to protect and defend.  This process is nullification. Jefferson and Madison taught us this lesson as stated in the Kentucky & Virginia Resolutions; “nullification…is the rightful remedy” and the states are “duty bound to resist” when the federal government violates its charter. The federal government is incapable of policing itself, as is evidenced in RobertsCare.

As of this writing, *95 of 5685 proposed bills have been passed by the 83^rd Legislature. Most of these bills place more restrictions on the activities of Texas taxpayers and cow to un-lawful federal mandates.  Texas has a moral right of nullification when the federal government violates its charter. Texans want to support our modern day heroes of liberty in Austin but, sadly we have not elected a majority to serve the People yet.

* http://www.capitol.state.tx.us/Reports/Report.aspx?ID=legislativestatistics Legislative Statistics