Quote:
Originally posted by Mmmm, Burger (C.J.)
I'll see your Supremacy clause and raise you a 14th amendment. Under your approach, Art. IV, Sec. 2 obviates the 14th amendment, sec 1, p&i clause. And I'll also toss in a 15th and 19th amendment. I hope you'll see my raise with the incorporation doctrine, because that seems more likely to get you where you're going, even though either phrasing seems to result the same--the laws of the united states are still supreme, no?
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No, Art. IV, Sec. 2 doesn't obviate the 14th Amendment, because until the 14th amendment "citizen of each state" wasn't yet constitutionally defined to include all native born. I know I'm missing your point.
The Supremacy Clause only works on matters expressly in the Constitution or on which Congress is authorized to legislate. The need for this Amendment is a concession that there is no constitutional basis for Congress to act here --- yet. But when the "In the United States"* language is enshrined in the Constitution itself, it's the law of the land, and an independent form of legislation. I just don't see the argument that the first sentence of the Amendment could be read to affect only federal law.
*As opposed to "of the United States" or "by the United States," which is the phrasing in the other amendments you cite.
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