What happened to the Tenth Amendment?

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

[You Dirty Rats]

The 9th Amendment is as dead as General Franco.

Other than one mention in a concurring opinion in Griswold v. Connecticut, nobody can find the 9th cited anywhere in a SCOTUS opinion.

[AdamSelene235]

Nothing but a neo revolutionary war will stem this TIDAL WAVE known as the FEDERAL GOVERNMENT.

That's a losing game. Violence will only make the people cry out for a man on horseback who will "save" them.

Just look around you.

[Redcloak]

What happened? This...

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

-14th Amendment to the US Constitution

Section 1 largely gutted the 10th Amendment.

[DannyTN]

The other thing that the Feds do is "Matching funds". I'm not sure what the legal basis for this is. But they control state behavior a tremendous amount through the power of being able to tax the citizenry and then return the funds to the states on the condition that the state bows to the feds wishes.

In my opinion, matching funds that are conditional on the state doing something that is not one of the delegated powers should be unconstitutional.

[Patangeles]

I didn't believe those who came before me at that time, but I can see it now.

[Patangeles]

But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Does anybody see anything different than I see? Does anyone see where a woman has a right to vote?

[Redcloak]

That's the 19th Amendment. Amendments amend the whole Constitution, not just the original sections. Thus the 19th amends the 14th just as the 14th amends the 10th.

[John Lenin]

It's time to face the facts people, the US Constitution has been overhtrown. They are just getting us used to the fact that we are no longer governed by the constitution, when we sign on to Kyoto, it will be complete.

[texson66]

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,...

The time is coming..

[AdamSelene235]

It's time to face the facts people, the US Constitution has been overhtrown.

The Founding Lawyers never wanted to protect liberty if they did they would have done so. Everything the government is doing to us today is perfectly Constitutional.

They are just getting us used to the fact that we are no longer governed by the constitution, when we sign on to Kyoto, it will be complete.

Did you know that it only takes two senators and the president to ratify a treaty and that a treaty has equal legal footing with the Constitution itself.

Thats where all the enviromental authority comes from. People have been prosecuted and convicted of duck hunting by the Feds for essentially violating a treaty we signed with Britian !! No consent of the governed required.

[AdamSelene235]

Man, what is about physicists seeing things as they are?

[jammer]

Your profile is tremendous. I find your posts somewhat at odds with it however, if I understand you correctly. Oh, well, that's worth what you paid for it--nothing.

[AdamSelene235]

I find your posts somewhat at odds with it however, if I understand you correctly.

Then you don't understand me correctly.

[John Lenin]

Think about whats going on right now, we just created the largest entitlement program since the Great Society and we are getting tax cuts to boot. Is W trying to bankrupt the US ?

[rdb3]

As my late uncle said, "You got what you wanted, but you lost what you had."

This applied to those who held and pointed to the X Amendment to cover nefarious and unconstitutional intentions. Had the Constitution been applied equally to all citizens after the passage of Amendments XIII-XV, I believe the Tenth would still be in play today.

Can we get it back? I'd like to think so, but I'm not overly optimistic about the chances.

[Carry_Okie]

Did you know that it only takes two senators and the president to ratify a treaty and that a treaty has equal legal footing with the Constitution itself.

The "two-thirds of senators present" problem is why I am a big advocate of amending Article VI to say "two-thirds of all Senators." However, I cannot agree that treaties have equal footing with the Constitution, especially those multilateral treaties that allow signatories to change the treaty after the fact. There is case law to that effect.

[AdamSelene235]

It is extremely rare for a President to have even the foggiest understanding of economics. Reagan probably had the best understanding we've had in a while but the net result of his improvements was to prolong the patient's agony.

Clinton was also very economically savy, but he used his knowledge to serve his own interests not the nation's.

I don't think Bush knows a call from a put. Is he trying to bankrupt the nation? No. But he might as well be.

[Ken H]

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.

The expansive use of the Commerce Clause and general Welfare Clause is the main villain, IMO.

Commerce Clause corruption has given us a huge, expensive, and intrusive bureaucracy which exercises powers not delegated to it by the Constitution.

The gun grabbers are now advocating use of the CC to "regulate" gun sales.

[John Lenin]

Has anyone mentioned how we are going to pay for the new drug program ? Maybe a new tax cut will pay for it.

[Teacher317]

The Third Amendment (quartering troops) had case history? IIRC, it has never been argued in an American Court.