Tenth Amendment To The US Constitution

[Viktor]

The 10th Amendment of the U.S. Constitution


It says that any powers not specifically given the Federal government by the Constitution belong to the states unless those powers are prohibited by the Constitution.

Things that the courts have ruled belong to the states are education, health care, medical matters, and the regulation of commerce within the state. Regulation of interstate commerce is reserved for the federal government. Law enforcement also belongs to the states unless the crime crosses state lines, in which case the Federal government(FBI or Justice Dept) has jurisdiction.

The system we have which allocates powers between the Federal government and the states is called "Federalism." Unfortunately, Jojo Biden has been out of law school so long that he has completely forgotten that the President does not have authority over everything. He infringes on state laws almost every day. That's one reason he is facing 36 states who are suing him.

 

[MisterBeale]

Wait. . . wut? You mean the CDC can't declare an eviction moratorium?

 

[Viktor]

Wait. . . wut? You mean the CDC can't declare an eviction moratorium?

No, they cannot.

 

[DGS49]

Leftist politicians (who actually know what the Constitution says) abhor and ignore the Tenth Amendment as a matter of almost religious faith. Individual Leftists are not that sophisticated, but usually believe that the "general welfare" wording in the Preamble and Article One nullifies the Tenth Amendment - in effect, Congress has the power to do anything that it believes will promote the "general welfare."

Coupled with this perverse rejection of the Tenth Amendment is the almost infinite expansion of the scope of, "To regulate Commerce...among the several states," which Leftists believe encompasses basically anything Congress has the urge to do in connection with commerce.

The fact is that Congress has NO POWER to award money or benefits to any individual...Full Stop. None. Nowhere.

The Supreme Court has sanctioned and enabled much of thisLeftist TomFoolery, but the fact is that there is a "hole" in the Supreme Court's powers: It does not have power at present to review a law BEFORE IT GOES INTO EFFECT, to determine whether it conflicts with the Constitution. The USSC must wait for an actual case to wend its way through the labyrinth of Federal Courts, where it will only rule on the particular and specific legal point being appealed. As a result, an unconstitutional law will often have already been implemented throughout the land by the time the USSC sees it for the first time, and it may not even get the opportunity to take a broad view and just reject it totally (as would have been appropriate with the (Un)Affordable Care Act).

Which leaves us with the perverse need for a Constitutional Amendment that says, in effect, "Hey, see Article One Section 8 and the Tenth Amendment? They actually mean what they say!"

 

[badbob85037]

Leftist politicians (who actually know what the Constitution says) abhor and ignore the Tenth Amendment as a matter of almost religious faith. Individual Leftists are not that sophisticated, but usually believe that the "general welfare" wording in the Preamble and Article One nullifies the Tenth Amendment - in effect, Congress has the power to do anything that it believes will promote the "general welfare."

Coupled with this perverse rejection of the Tenth Amendment is the almost infinite expansion of the scope of, "To regulate Commerce...among the several states," which Leftists believe encompasses basically anything Congress has the urge to do in connection with commerce.

The fact is that Congress has NO POWER to award money or benefits to any individual...Full Stop. None. Nowhere.

The Supreme Court has sanctioned and enabled much of thisLeftist TomFoolery, but the fact is that there is a "hole" in the Supreme Court's powers: It does not have power at present to review a law BEFORE IT GOES INTO EFFECT, to determine whether it conflicts with the Constitution. The USSC must wait for an actual case to wend its way through the labyrinth of Federal Courts, where it will only rule on the particular and specific legal point being appealed. As a result, an unconstitutional law will often have already been implemented throughout the land by the time the USSC sees it for the first time, and it may not even get the opportunity to take a broad view and just reject it totally (as would have been appropriate with the (Un)Affordable Care Act).

Which leaves us with the perverse need for a Constitutional Amendment that says, in effect, "Hey, see Article One Section 8 and the Tenth Amendment? They actually mean what they say!"

When the Supreme Court found the 'affordable care act was legal that is when I realized all three branches of government were corrupt and needs disband.

 

[HikerGuy83]

The 10th Amendment of the U.S. Constitution


It says that any powers not specifically given the Federal government by the Constitution belong to the states unless those powers are prohibited by the Constitution.

Things that the courts have ruled belong to the states are education, health care, medical matters, and the regulation of commerce within the state. Regulation of interstate commerce is reserved for the federal government. Law enforcement also belongs to the states unless the crime crosses state lines, in which case the Federal government(FBI or Justice Dept) has jurisdiction.

The system we have which allocates powers between the Federal government and the states is called "Federalism." Unfortunately, Jojo Biden has been out of law school so long that he has completely forgotten that the President does not have authority over everything. He infringes on state laws almost every day. That's one reason he is facing 36 states who are suing him.

I would offer up that while I am not fan of Joe Biden, the GOP let the 10th Amendment argument slip away a long time ago. I am not so sure they even care about it or agree with the idea of federalism. Why this is the case is an altogether different discussion.

But it is clear that you rarely hear about it from those who lead the party at the federal level. And many states have punted on the concept.

 

[Viktor]

I would offer up that while I am not fan of Joe Biden, the GOP let the 10th Amendment argument slip away a long time ago. I am not so sure they even care about it or agree with the idea of federalism. Why this is the case is an altogether different discussion.

But it is clear that you rarely hear about it from those who lead the party at the federal level. And many states have punted on the concept.

Repealing Roe v Wade is the 10th amendment. It lets the states decide on abortion.

 

[HikerGuy83]

Repealing Roe v Wade is the 10th amendment. It lets the states decide on abortion.

While I would hope this would be the basis for overturning Roe, I am not so sure.

And I still contend that republicans and conservatives have given up way to much ground on this one.

Getting to where the 10th amendment is meaningful is going to take a very very long time.

 

[HikerGuy83]

What federal laws have been challenged using the 10th amendment as a basis ?