States' Rights

[1000-points-of-fright]

OK, I'm not totally up on everything in the Constitution so I have a question about states' rights.

Assuming Ron Paul's America becomes a reality, what power does the constitution have over the states? Could California become a communist state or have open borders with Mexico? Could Utah decide that Mormonism is the state religion? Could New York totally ban private ownership of firearms?

Does the Bill of Rights restrict the states in any way?

[CoreyBowen999]

The constitution gives specifics on what cannot happen. Everything else is left up to the states. Example is the right to bear arms. That cannot be banned in states. Im pretty sure.

[ChrisM]

OK, I'm not totally up on everything in the Constitution so I have a question about states' rights.

Assuming Ron Paul's America becomes a reality, what power does the constitution have over the states? Could California become a communist state or have open borders with Mexico? Could Utah decide that Mormonism is the state religion? Could New York totally ban private ownership of firearms?

Does the Bill of Rights restrict the states in any way?

California could become socialist, but communist would be difficult to pull off given that every State is guaranteed a Republican form of government.

The borders are within Federal jurisdiction.

The Bill of Rights extends to the States as per the 14th Amendment, so Utah could not declare Mormonism the official State religion and New York could not ban firearms.

[jblosser]

There are multiple views of States Rights. Most are superceeded in the current actual situation by the 14th amendment. And as noted, the Constitution does explicitly guarantee each state a republican form of government.

It's worth noting the exact language of the 1st amendment only limits Congress, and it's a fact that various states had state churches into the 1800s.

[Matt Collins]

It depends on how STRICT of a Constitutionalist you are. Read the book: "Politically Incorrect Guide to the Constitution" and you'll know what I'm talking about. It is located here: http://www.amazon.com/Politically-Incorrect-Guide-Constitution-Guides/dp/1596985054

The gist of it is that the Supreme Court keeps interpreting the Constitution on what they think it should be, and then rule on law based upon those faulty decisions.

[USPatriot36]

The Bill of Rights extends to the States as per the 14th Amendment, so Utah could not declare Mormonism the official State religion and New York could not ban firearms.

This was a twisted invention that turned the whole Constitution on its head. It made everything that should of been left to the states into a Federal matter.

[1000-points-of-fright]

umm ok, thanks for clearing that up guys.:D

[derdy]

OK, I'm not totally up on everything in the Constitution so I have a question about states' rights.

Assuming Ron Paul's America becomes a reality, what power does the constitution have over the states? Could California become a communist state or have open borders with Mexico? Could Utah decide that Mormonism is the state religion? Could New York totally ban private ownership of firearms?

Does the Bill of Rights restrict the states in any way?


The powers the Constitution has over the States are those that are delegated to the Federal authority via the Constitution and those that aren't repugnant with that of the States. In certain instances, repugnance may take a back seat, but without forethought to the efficiency and efficacy to the ends.

California coudn't become a communist state as in the Constitution the federal government must guarantee to each state a republican government. They could do with their border as they see fit, however the process of becoming a US citizen belogns to that of the Union. Could Utah decide that Mormonism is the state religion and could New York totally ban private ownership of firearms? That would depend on the Constitution of those respective States!

[Corydoras]

Could Utah decide that Mormonism is the state religion and could New York totally ban private ownership of firearms? That would depend on the Constitution of those respective States!

I thought it was the opposite, that the Bill of Rights takes precedence over state constitutions.