Posted on 09/25/2014 3:11:23 PM PDT by Oldeconomybuyer
‘Civil rights’ leaders crowing about accountability?!?!?!
Now that’s a hoot.
He was, he got shot.
The problem with civil rights "leaders" wanting the feds to intervene in Ferguson is the following. The only race-based right that the states have amended the Constitution to expressly protect, giving the feds the constitutional authority to investigate possible state abridgements of this right, is voting rights as evidenced by the 19th Amendment.
In fact, the Supreme Court has historically clarified in general that the Constitution's silence about an issue, investigating raced-based issues which don't deal with voting rights in this example, means that such powers are prohibited to the federal government.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
So what misguided civil rights activists need to do if they want the feds to have the constitutional authority to investigate possibly race-based police brutality incidents like what may have happened in Ferguson is this. Civil rights activists need to work with federal and state lawmakers to propose a race-based police brutality amendment to the Constitution to the states. And if the states choose to ratify the proposed amendment then the feds will have the constitutional authority that they need to investigate such incidents and civil rights activists will heroes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.