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The Constitution doesn't have laws, it has enumerated powers or guaranteed rights. Laws are created based upon their Constitutional basis. There are limited and enumerated powers given to the government, and the guaranteed rights citizens have throughout all states.

So, for example, the fact that Congress shall have power to provide and maintain a Navy (A 1 Sec 8) does not mean they must. They have the power to, because it was enumerated in the Constitution, and now they have the right/obligation to make laws and create an organization to carry out that power (again, it is not a mandate, but a guaranteed power of the government per the Constitution).

Additionally, there are the Bill of Rights. Some say, why do we need guaranteed rights if the Constitution says the rights belong to the people unless specified in the Constitution? The answer would be, because the Constitution allows for states to have a government like the Federal Government (A 4 Sec 4), including the ability to write laws.

So the government wanted to guarantee, that no matter which state you go to, there are some things that cannot be compromised, including your speech, ability to own a firearm, safety from improper search and seizure, etc etc.

The whole reason the enumerated and delegated powers amendments were created were to make clear that all rights belong to the people and those rights flow upward, citizen, state, federal. Of course when power is relinquished to government, that power flows downward in supremacy, federal, state, local, citizen.

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15y ago

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