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To: mrsmith
Always willing to be educated wrt those amendments' importance just never have seen much indicating that they were. The exaltation by those who see them as some kind of panacea may provoke excess on my part but I don't believe they were ever meant as much more than a sop to the anti-Federalists.
596 posted on 02/11/2004 1:45:11 PM PST by justshutupandtakeit (America's Enemies foreign and domestic agree: Bush must be destroyed.)
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To: justshutupandtakeit
I don't believe they were ever meant as much more than a sop to the anti-Federalists.

Correct me if I've got you wrong:

The anti-federalists wanted limited enumerated powers as a condition for approving the Constitution.

The federalists didn't want limited powers, but needed anti-federalist votes for ratification. So, they put the 10th in, crossed their fingers while doing so because they never had any intention of honoring the amendment - which of course they never did.

Therefore in effect, the Constitution was a fraud, a ruse from the very beginning. Interesting theory. It explains why we are where we are today, I give you that.

One problem: The Constitution is the only source of legitimacy for the fed: it defines thier office, it delegates them authoriity from the People. If it is a fraud, our government is illegitimate.

603 posted on 02/11/2004 1:52:54 PM PST by freeeee ("Owning" property in the US just means you have one less landlord)
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To: justshutupandtakeit
"exaltation by those who see them as some kind of panacea "

I have just the opposite situation: the people I have been discussing with seem to read the Second Amendment without considering the 10th's rule of construction.

You can find many rulings by the Supremes based on the 10th. I don't think they've ever made a ruling based on the Ninth. The 14th did not apply it to the states- it is still a limit only on the feds. They often threaten to apply it to the states though in their dicta.

611 posted on 02/11/2004 2:09:51 PM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice... Hillary Rodham Clinton ")
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