Discussion for article #232885
Apparently, the Utah GOP needs a lesson in the law.
The US Constitution ALWAYS takes precedence over the state constitution—of any state.
This kind of ignorance is breathtaking.
Next, they’ll be arguing for interposition and nullification—they’re halfway there already.
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I think it’s a philosophical exercise. Instead of trying to count angels on the head of a pin, they’re trying to find out how high symbolic bullshit can be piled before it collapses under its own weight.
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Will citizens of the state also have to sing Utah Uber Alles BEFORE singing the National Anthem, as well?
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Nah, that Supremacy Clause is only advisory and pre-empted by the 10th Amendment, don’t you know?
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I saw a guy like this once at a township meeting. The township wanted to build a park, and he didn’t like the idea because he lived nearby and thought naughty people might end up near his house, so he read out a whole long manifesto about how municipal governments ought to work, and coincidentally enough the ideal-in-his-view system of working would have resulted in—drum roll please—no park. It’s the same with these RWNJ people—they love the federal Constitution except when they don’t because it creates an outcome they don’t like. Oh, by the way, spoiler alert*
*they built the park ha ha
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But only when Democrats are in charge otherwise the Supremacy Clause is not negated.
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I have to give props to Rep. Jon Stanard, who apparently remembers his high school civics class.
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Except all the times states did bad things their Constitutions allowed…dumb.
Wasn’t there some sort of kerfuffle in Utah a few years back over the state’s claim that they had the right to practice polygamy and the Federal prohibition on it. They’re doomed to repeat their past mistakes if they can’t remember them.
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Of all the states in the Union that didn’t have a star in the Confederate flag, Utah is the one with a history that one would expect would make it really, truly not want to go here.
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Apparently basic civics understanding is not necessary to be a member of the Utah legislature. Bear with me here…
Article six of the US Constitution reads thus"This Constitution, and the Laws of the United States 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 ant state to the Contrary notwithstanding."
Seems clear to me.
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What order the state legislators swear to uphold the various constitutions that they are governed by is no big deal. The US Constitution just requires that state legislators take an oath to uphold it:
US Constitution, Article VI, paragraph 3
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution
There’s no restrictions on whatever else they may take an oath to uphold: State constitutions, the pledge of allegiance to the flag, the lyrics to America the Beautful or whatever else takes their fancy.
However, when it comes to claiming that the US Constitution cannot override the state constitution, that’s a step too far.
US Constitution, Article VI, paragraph 2
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
You’d think that these people would actually read the Constitution at some point in their careers.
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Especially since he’s going to get primaried for that.
No (well, not necessarily; besides, that song’s like with cowbell - you need more Utah), but it sure wouldn’t hurt the bill’s chances of becoming a law if they amended it to go:
- Ba’al
- State of Utah
- USA
You are referring to Buchanan’s Blunder? They never felt they really lost that “war”, even though they had to accept a non Mormon as the governor. After all, they massacred over 100 settlers bound for California and suffered no losses from Federal troops.
Or the Pledge of Allegiance: One Nation, Under God, Indivisible.
I hate when constitutions run roughshod over each other.
The land of Romney, go figure.
Never gets old:
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