gekaap
Rookie
- Jan 25, 2011
- 1,795
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- Banned
- #861
Wrong junior who created the federal government the states or the fed? The federal government has only the poswer the states have granted it. Nothing more or nothing lss and that is in the 10th amendment.
This is untrue, and the Supreme Court has been explicit on the matter. The federal government has what power the constitution has given it. I suppose that one thing could be true from a certain perspective. The states all ratified the constitution, and in that way it could be said that the states gave the federal government its power, by their agreement. But your view on the 10th amendment is flatly rejected by the Supreme Court.
Do you really want to talk about the court?
ANDERSON ET AL.
v.
CELEBREZZE, SECRETARY OF STATE OF OHIO
Although these rights of voters are fundamental, not all restrictions imposed by the States on candidates' eligibility for the ballot impose constitutionally suspect burdens on voters' rights to associate or to choose among candidates. We have recognized that, "as a practical matter, there must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the democratic processes." Storer v. Brown, 415 U. S. 724, 730 (1974). To achieve these necessary objectives, States have enacted comprehensive and sometimes complex election codes. Each provision of these schemes, whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects at least to some degree the individual's right to vote and his right to associate with others for political ends. Nevertheless, the State's important regulatory interests are generally sufficient to justify reasonable,nondiscriminatory restrictions.
None of that changes, or even addresses, the fact that the constitution explicitly reserves the power to judge the qualifications of federal offices to the federal government, and that the Supreme Court has been explicit on the matter. The states do not have the power to judge the qualifications of a candidate for office, and they do not have the power to create additional qualifications, such as possessing a birth certificate.