[fporretto]

I must disagree.

When the Constitution intends to deny a power to the federal government, it says: "Congress shall make no law." When it intends to deny a power to all levels of government, it says that no such law "shall be passed," or that a particular right "shall not be infringed," omitting any mention of who might pass the law or do the infringing.

Under this literal reading of the document, the state of Massachusetts had an established church until 1830, and it was widely regarded as within its proper sphere to have one. By contrast, the Fourth Amendment prohibition against warrantless searches and seizures, phrased so as not to refer to any particular level of government, was held to apply to the states as early as 1797.

Granted that it will be a while before municipalities and states accept this approach, or before Washington moves to force it upon them.

Freedom, Wealth, and Peace,
Francis W. Porretto
Visit The Palace Of Reason: http://palaceofreason.com

[LS]

I agree with your understanding of the law, but not with your application or example. A better example is the 14th Amendment, which clearly says that "No person may be denied" or words to that effect. When it says "Congress shall make no law," the intention, based on the "reserved" powers, was that the people and the states EXPLICITLY reserved the right to make those laws.