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To: cowboyway; rockrr; donmeaker; Impy
cowboyway: "The power delegated to the federal government was significantly expanded by amendments to the Constitution following lincoln's illegal war and the states became legally subject to the final dictates of the federal government; hence the de facto repeal of the Tenth Amendment."

Rubbish.
First of all, the Tenth Amendment never abrogated Article VI:

"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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Second, the Tenth Amendment has been upheld by the US Supreme Court on occasion:

  1. "In 1992, in New York v. United States, 505 U.S. 144 (1992), for only the second time in 55 years, the Supreme Court invalidated a portion of a federal law for violating the Tenth Amendment."

  2. "In 1997, the Court again ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment (Printz v. United States, 521 U.S. 898 (1997)).
    The act required state and local law enforcement officials to conduct background checks on persons attempting to purchase handguns.
    Justice Antonin Scalia, writing for the majority, applied New York v. United States to show that the law violated the Tenth Amendment.
    Since the act "forced participation of the State's executive in the actual administration of a federal program", it was unconstitutional."

  3. "In United States v. Lopez 514 U.S. 549 (1995), a federal law mandating a "gun-free zone" on and around public school campuses was struck down because, the Supreme Court ruled, there was no clause in the Constitution authorizing it.
    This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
    The opinion did not mention the Tenth Amendment..., "

  4. "The federal system limits the ability of the federal government to use state governments as an instrument of the national government, as held in Printz v. United States, 521 U.S. 898 (1997). "

But the Supreme Court will only go so far:

Point is: the Tenth Amendment is alive and well, and the issue is, in what cases does it apply?
So the real State Sovereignty problem is that States are unwilling to turn down Federal funds which come with strings attached.
They would rather take the money and comply with Federal rules.

Regardless, none of this has anything to do with Honest Abe Lincoln.

cowboyway: "Lincoln did not fight the bloodiest war of the nineteenth century, against his own people and at a cost of 620,000 American lives, to free the slaves.
He fought it to set a precedent of federal supremacy over the states.
And in the process turned his apparent belief that the ends justify the means into federal dogma."

That is such rubbish, only a devoted propagandist would believe a word of it.

The Constitution itself established Federal supremacy, and gave the Government powers necessary to repel invasions, suppress rebellions, defeat insurrections, etc.

Lincoln simply enforced the Constitution.
His new Constitutional amendments simply corrected some of the wickedness which led to the slave-holders' rebellion.

209 posted on 01/04/2012 7:37:51 AM PST by BroJoeK (a little historical perspective....)
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To: BroJoeK; Idabilly; central_va; mojitojoe; southernsunshine
All the points of your riduculous post are rebutted HERE.

(You need to take that Kool Aid IV out of your arm, pal. Seriously.)

210 posted on 01/04/2012 9:45:32 AM PST by cowboyway (Molon labe : Deo Vindice : "Rebellion is always an option!!"--Jim Robinson)
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To: BroJoeK; cowboyway; Idabilly; phi11yguy19; central_va; mojitojoe
Lincoln simply enforced trashed the Constitution.

Fixed.

His new Constitutional amendments simply corrected some of the wickedness which led to the slave-holders' rebellion.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

9th Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10the Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

211 posted on 01/04/2012 10:59:03 AM PST by southernsunshine
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