heirtothewind
VIP Member
The Ninth Circuit [which includes Arizona] has already ruled the ban to be unconstitutional -- along with the First, Second, Fourth. Seventh, Tenth, and DC circuits.
The battle cry of ''states' rights'' was silenced with the end of the Civil War and the adoption of the Fourteenth Amendment. Since the New Deal, the Tenth Amendment has been virtually dead as almost all federal legislation is upheld under the Commerce Clause or General Welfare Clause. State laws are invalidated by the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.
The Tenth Amendment is merely a relic of the antebellum South and the last redoubt of republican reactionaries who long for the days of segregation, Jim Crow laws, communist witch hunts, and women in the kitchen rather than the workplace. With the adoption of uniform codes of law by the states [eg, federal rules of civil procedure and evidence, uniform commercial code, etc.], even traditional areas of state legislation such as public health, education, welfare, and safety are yielding to federal legislation and federal funding. The recent trend of invalidating same-sex marriage bans is evidence that states' rights, enshrined in the Tenth Amendment, is no longer a viable legal justification for anything.
The Civil War made a grammatical change from ''The United States are a nation.'' to '''The United States is a nation.'' Our laws should reflect that change.
Open for thoughts and opinions.
The battle cry of ''states' rights'' was silenced with the end of the Civil War and the adoption of the Fourteenth Amendment. Since the New Deal, the Tenth Amendment has been virtually dead as almost all federal legislation is upheld under the Commerce Clause or General Welfare Clause. State laws are invalidated by the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment.
The Tenth Amendment is merely a relic of the antebellum South and the last redoubt of republican reactionaries who long for the days of segregation, Jim Crow laws, communist witch hunts, and women in the kitchen rather than the workplace. With the adoption of uniform codes of law by the states [eg, federal rules of civil procedure and evidence, uniform commercial code, etc.], even traditional areas of state legislation such as public health, education, welfare, and safety are yielding to federal legislation and federal funding. The recent trend of invalidating same-sex marriage bans is evidence that states' rights, enshrined in the Tenth Amendment, is no longer a viable legal justification for anything.
The Civil War made a grammatical change from ''The United States are a nation.'' to '''The United States is a nation.'' Our laws should reflect that change.
Open for thoughts and opinions.
