There are no federal laws that can be broken within a state?
It is of course open to interpretation.
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
This is fairly clear...between states the Fed gov't can regulate commerce.
Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;...--to Controversies between two or more States
Once again, between states.
Clause 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This is the section that the federal judiciary uses to claim jurisdiction, but to my mind, it also says that the laws made must be pursuant to the Constitution and all other language in the document supports the states as having sovereign rights.
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.
The Tenth Amendment is the clearest argument for states' rights. |