.
The purpose of the Tenth Amendment, which was added to our constitution with nine other amendments, was specifically, and intentionally, to prevent misconstruction or abuse of the newly created government’s powers.
And, these amendments, referred to as the “Bill of Rights”, are ten declaratory and restrictive clauses which are enforceable upon the federal government in its exercise of powers, not the State governments!
How do I know this to be true? Because the Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789 confirms this to be true!
“THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”.
Additional evidence is James Madison, speaking with reference to the adoption of these specific amendments, and confirming their adoption is to preserve and protect “federalism”, our Constitution’s big-tent system which reserves to the States and people therein, all powers not delegated to Congress. He says:
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See :Madison, June 8th, 1789, Amendments to the Constitution
Now, getting back to the Tenth Amendment, the question arises as to what powers have been reserved to the States and people therein, and the answer to that question is found in Federalist Papers No. 45 which summarizes those powers as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Of course, there are specific exceptions and limitations to such powers, and they are enforceable upon the states by the federal government. One such exception is the Fourteenth Amendment which prohibits State laws which make distinctions based upon race, color or previous condition of slavery, and is part of the intended purpose for adding this amendment to our constitution.
Finally, and in reference to the regulation of abortion, if any, that is within the powers reserved to the States and people therein under the Tenth Amendment.
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records ___ its framing and ratification debates which give context to its text ___ wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.
The purpose of the Tenth Amendment, which was added to our constitution with nine other amendments, was specifically, and intentionally, to prevent misconstruction or abuse of the newly created government’s powers.
And, these amendments, referred to as the “Bill of Rights”, are ten declaratory and restrictive clauses which are enforceable upon the federal government in its exercise of powers, not the State governments!
How do I know this to be true? Because the Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789 confirms this to be true!
“THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”.
Additional evidence is James Madison, speaking with reference to the adoption of these specific amendments, and confirming their adoption is to preserve and protect “federalism”, our Constitution’s big-tent system which reserves to the States and people therein, all powers not delegated to Congress. He says:
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See :Madison, June 8th, 1789, Amendments to the Constitution
Now, getting back to the Tenth Amendment, the question arises as to what powers have been reserved to the States and people therein, and the answer to that question is found in Federalist Papers No. 45 which summarizes those powers as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Of course, there are specific exceptions and limitations to such powers, and they are enforceable upon the states by the federal government. One such exception is the Fourteenth Amendment which prohibits State laws which make distinctions based upon race, color or previous condition of slavery, and is part of the intended purpose for adding this amendment to our constitution.
Finally, and in reference to the regulation of abortion, if any, that is within the powers reserved to the States and people therein under the Tenth Amendment.
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records ___ its framing and ratification debates which give context to its text ___ wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.
