[larrymcg421]

Originally Posted by Airhog

While I do think you make an good point about state law superseding federal law, I think that this quote from the aforementioned supreme court case sums up why I feel that state have the right to now do so.

..Madison's assurance to the people of New York that the "powers delegated" to the Federal Government are "few and defined", while those of the States are "numerous and indefinite.

I don't think anyone could argue that the powers delegated to the Federal Government are "few and defined" at this point.

Chief Justice John Marshall has a somewhat different view, in the 1819 case McCulloch v. Maryland....

"But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described."

And supports that by comparing the texts to the articles of confederation, noting that the word 'expressly' was not in the text of the 10th Amendment.

"The men who drew and adopted this amendment had experienced the embarrassments resulting from the insertion of this word in the articlesof confederation, and probably omitted it, to avoid those embarrassments."