David Freeman Engstrom = Pelosi

WHAT HAPPENED · 03-30-2010

We need to make Pelosi a "BAD WORD"
IE: Son of a Pelosi, Pelosi off / you, awwww Pelosi, and or What the Pelosi...

washingtonpost.com - nation, world, technology and Washington area news and headlines

Who’s Supreme? The Supremacy Clause Smackdown|Tenth Amendment Center

The lead AP reporter on the story, John Miller, quoted constitutional “scholar” David Freeman Engstrom of Stanford Law School as stating that the Idaho law would be irrelevant because of the “supremacy clause” of the United States Constitution.

In his words, “That language is clear that federal law is supreme over state law, so it really doesn’t matter what a state legislature says on this.” Now that Barack Obama has signed healthcare legislation into law, almost a dozen States have filed suit against the federal government, with Idaho in the lead. Battle lines have been drawn. Unfortunately, the question of State sovereignty and the true meaning of the “supremacy clause” may be swallowed up in the ensuing debate.

Engstrom’s opinion is held by a majority of constitutional law “scholars,” but he is far from correct, and Idaho and the thirty seven other States considering similar legislation have a strong case based on the original intent of the powers of the federal government vis-à-vis the States.

The so-called “supremacy clause” of the Constitution, found in Article 6, states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding [emphasis added].”

The key, of course, is the italicized phrase. All laws made in pursuance of the Constitution, or those clearly enumerated in the document, were supreme, State laws notwithstanding. In other words, the federal government was supreme in all items clearly listed in the document.

A quick reading of the Constitution illustrates that national healthcare is not one of the enumerated powers of the federal government, so obviously Engstrom’s blanket and simplistic statement is blatantly incorrect, but his distortion of the supremacy clause goes further...........

you can read more if you like....

I just wanted everyone to know who is against the US Constitution or cant

read it right...

DAVID FREEMAN ENGSTROM
Stanford Law School
559 Nathan Abbott Way Stanford, CA 94305 (650) 721-5859 dfengstrom@law.stanford.edu

Please let him know how stupid he is...

SemperFiUSMC · 03-30-2010

Libs got us beat in one area. If you can't beat them, join them and destroy them from within.

You want to take back the country? If you're young and still in school, become a lawyer. Then become a judge. Get involved in politics. Get a Federal Judgeship. Can't get into law school? Become a college professor. In any case, stop *****ing and start making a difference.

If your're not that young, insist your kids / grandkids get a worldclass education and they follow the path laid out above.

We will continue to be marginalized and this country disintegrate as long as the "experts" are all leftistas.

03-30-2010	#1 (permalink)
WHAT HAPPENED Shooter Join Date: Jan 2009 Location: Largo, FL Posts: 487	David Freeman Engstrom = Pelosi We need to make Pelosi a "BAD WORD" IE: Son of a Pelosi, Pelosi off / you, awwww Pelosi, and or What the Pelosi... washingtonpost.com - nation, world, technology and Washington area news and headlines Who’s Supreme? The Supremacy Clause Smackdown\|Tenth Amendment Center The lead AP reporter on the story, John Miller, quoted constitutional “scholar” David Freeman Engstrom of Stanford Law School as stating that the Idaho law would be irrelevant because of the “supremacy clause” of the United States Constitution. In his words, “That language is clear that federal law is supreme over state law, so it really doesn’t matter what a state legislature says on this.” Now that Barack Obama has signed healthcare legislation into law, almost a dozen States have filed suit against the federal government, with Idaho in the lead. Battle lines have been drawn. Unfortunately, the question of State sovereignty and the true meaning of the “supremacy clause” may be swallowed up in the ensuing debate. Engstrom’s opinion is held by a majority of constitutional law “scholars,” but he is far from correct, and Idaho and the thirty seven other States considering similar legislation have a strong case based on the original intent of the powers of the federal government vis-à-vis the States. The so-called “supremacy clause” of the Constitution, found in Article 6, states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding [emphasis added].” The key, of course, is the italicized phrase. All laws made in pursuance of the Constitution, or those clearly enumerated in the document, were supreme, State laws notwithstanding. In other words, the federal government was supreme in all items clearly listed in the document. A quick reading of the Constitution illustrates that national healthcare is not one of the enumerated powers of the federal government, so obviously Engstrom’s blanket and simplistic statement is blatantly incorrect, but his distortion of the supremacy clause goes further........... you can read more if you like.... I just wanted everyone to know who is against the US Constitution or cant read it right... DAVID FREEMAN ENGSTROM Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 (650) 721-5859 dfengstrom@law.stanford.edu Please let him know how stupid he is...

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03-30-2010	#2 (permalink)
SemperFiUSMC Master Join Date: Jun 2009 Posts: 3,439	Libs got us beat in one area. If you can't beat them, join them and destroy them from within. You want to take back the country? If you're young and still in school, become a lawyer. Then become a judge. Get involved in politics. Get a Federal Judgeship. Can't get into law school? Become a college professor. In any case, stop *****ing and start making a difference. If your're not that young, insist your kids / grandkids get a worldclass education and they follow the path laid out above. We will continue to be marginalized and this country disintegrate as long as the "experts" are all leftistas.