TIP: Click on subject to list as thread! ANSI
echo: indian_affairs
to: JIM CASTO
from: DENNIS MARTIN
date: 1997-05-13 13:26:00
subject: Re: what are we? part 1

JC>  Note that Article 1, Section 9 reads: "The Migration or Importation of
JC>  such Persons as the _States_ now exisitng shall think proper to admit,
JC>  shall _not_ be prohibited by the _Congress_ prior to the Year one
JC>  thousand eight hundred and eight..." 
Jim, consider this:  
If the Constitution didn't specifically deny the right, does it not then 
imply the legality of the right?  
 
In this country, the laws are layered, with the closest, smallest governing 
body being restricted by the larger one.  
As you pointed out, there is no law forbidding murder in the United States, 
t
a federal level, but that is because all 50 states and most municipalitites 
have such prohibitions.  However, federal courts still make rulings dealing 
with murder cases, if they conflict with federal law.
Here in California, there is a statewide anti-smoking law restricting the 
practice in all public indoor gathering places.  On military reservations, 
(military bases and Native American reservations) this law is not enforceble 
because federal properties are not subject to state laws.
In short, as citizens, we are subject to a myriad of laws, most of which we 
don't even know exist.  And we can be found guilty of violating these laws, 
regardless of lack of prior knowledge.
Granted, each state in pre-civil waar days had the choice of being pro-slave 
or free of slavery.  The 14th Amendment restricted that freedom.  The 
implication then is that it was legal Federally, until the ratification of 
he
14th Amendment.
Dennis Martin
--- GEcho 1.00
---------------
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