What happened to the Tenth Amendment?

Sierra Times ^ | 01/23/03 | Robert Greenslade

[Djarum]

I couldn't find this posted.

[FreedomCalls]

What happened to the Tenth Amendment?

Activist judges on the USSC have used to the 14th Amendment to overturn the 10th. When you hear that some law will be the first to overturn one of the Bill of Rights, that's wrong. The 10th has already been overturned by stretching the 14th beyond its original meaning.

[LibKill]

What happened to the Tenth Amendment?

It died at Appomatox, in 1865.

[veracious]

Inquiring minds _do_ want to know: what happened to the Ten Amendment? On my visit to the local law library, I could see the case histories on all of the other (original Bill of Rights) amendments were very large. The Ten Amendment had only 3 cases! Obviously, not a very _popular_ amendment with local judicial systems or the Federal government in general. ;-}

[evad]

It's dead Jim.

[Falcon4.0]

Je$uS H F'in ChR!$t We can't even agree on the meaning of "IS" how the hell could we agree on that Horse Hockey.

Excuse me while I go say my penance.

[Carry_Okie]

For those unfamiliar with the work of Max Farrand, his monumental work, The Records of the Federal Convention of 1787 are the definitive scholarly work on the intent of the framers of the Constitution, superceding even The Federalist Papers.

[AdamSelene235]

superceding even The Federalist Papers.

The Federalist papers were just propaganda for a bait and switch.

[PISANO]

It has been replaced with the CONSTITUTIONAL RIGHT TO PRIVACY or should I say the GOD given, constitutionally protected RIGHT TO PRIVACY! < /sarcasm >

[Patangeles]

Just try to fight it. It's a foregone conclusion.

[Djarum]

ping

[tahiti]

"However, the Court rejected this argument because the Commerce Clause is a delegated power and the Amendment cannot be invoked to prohibit Congress from exercising a power granted by the Constitution."

If this statement is true, then Congress can use it's "delegated power," via the commerce clause, to regulate what is printed in newspapers across the country, in spite of what the 1st amendment states that "Congress shall make NO law...abridging the freedom...of the press."

It is the other way around. The Bill of Rights is the final brake and the check on Congress' "delegated power."

[tahiti]

"The 10th has already been overturned by stretching the 14th beyond its original meaning."

This is a correct statement.

But the good news is that we still have the 9th amendment.

That is the real forgotten amendment.

[AdamSelene235]

Folks, either the Constitution is powerless to prevent the kind of government we have today or it was deliberately designed to create a nearly unlimited government.

Which is it?

What do we do now?

[reed_inthe_wind]

Commonly known as, the Commerce Clause, this provision grants Congress the power to "regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes…"

This question is just for fun (ok- it's stupid): Suppose we accept that the commerce clause trumps the tenth amendment rendering States powerless to protect citizens; Now if all 50 States morphed into one big State, would the commerce clause cease to prevail and correspondingly would the10th amendment then limit the Federal Government?

We just need one State with an identical constitution as the federal constitution.

Please minimize any abusive responses - its Friday after a long week.

[Carry_Okie]

I don't disagree entirely, but like all cryptic documents that are the product of bipolar advocacy, the intents of its respective disparate interests are revealed between the lines of such boosterism, just as they are in the Anti-Federalist.

[Carry_Okie]

We just need one State with an identical constitution as the federal constitution.

States don't make treaties or coin money.

[PISANO]

What do we do now?

Nothing but a neo revolutionary war will stem this TIDAL WAVE known as the FEDERAL GOVERNMENT. We all know that will NEVER again happen because most of the country relies in one way or the other on the FEDERAL GOVERNMENT.

It's TOO LATE...... but to listen FOR WHOM THE BELL TOLLS!!

[AdamSelene235]

The Founders hated the Bill of Rights. Newspapers that offered Anti-Federalist views were bought out and silenced. The majority of them opposed it. When the minority made a stink over the matter they grudgingly threw the people a carefully sabotaged document.

The Founding Lawyers were designing their future jobs and they wanted unlimited power.

The Constitution was created by the elite to secure power over a rowdy illiterate mob. The system was specifically designed to preserve government power even against the wishes of the people.

The real revolutionaries, like Patrick Henry, held the Constitutional Convention in utter contempt and refused to attend.