You would be completely correct if this paragraph was never written.
The EPA is using this as their hammer: “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, anything in the constitution or laws of any state to the contrary notwithstanding.”
I just read the Federal Register (the link is here,http://www.epa.gov/cleanwaterrule/final-clean-water-rule) The EPA has page after page after page of court cases used as proof of the EPA’s jurisdictions.
The last time any real effort to get around this clause occurred, over 600,000 men died in battle.
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