Middle America's Worldview: So what's the Tenth Amendment anyway

So what's the Tenth Amendment anyway

Posted by Unknown

I am reading a fascinating book called The Politically Incorrect view of American History. It points out something I havent really thought of, The Tenth Amendment.

So what is the Tenth Amendment, other than part of the Bill of Rights?

The Tenth Amendment is stated as such....

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

So what does it mean exactly?

"The Tenth Amendment guaranteed the states' rights to self-government. If the states had not delegated a particular power to the federal government, and if the Constitution had not forbidden the power to the states, then it remained as a resevered to the states or the people. For Thomas Jefferson this was the cornerstone of the entire Constitution. .....
Since the states existed prior to the federal government, they were the source of whatever power the federal government had. Thomas Jefferson determined the contitutionality of proposed legislation on this basis: If he did not find the power spelled out in Article I, Section 8, then it remained reserverd to the states." From the 'The Politically Incorrect view of American History'

Wow, so that means, if its not in this Article I, section 8, the states have control over it. So what's in the Article I, Section 8? It's a bit long.

Section 8.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof

Sounds like mostly dealing with war, money and taxes to me. So with the exception of the above, everything else should be ruled by the States, not the government. But, that is not what is occuring. How many Federal (not state) judges in the past has ruled against what the people of the states desire? Can anyone recall land taking away from citizens for enterprises, same sex marriage, to name a couple?

These decisions are being made against the states or the people. Totally against the Tenth Amendment. My question is why haven't there been an outcry using the Tenth Amendment as a justification against these rulings?

So it boils down to the States needing to retake control by feeding or restricting the power to the federal government rather than the other way around. I guess it boils down to education.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Tenth Amendment clearly states the States or People have the power to delegate legislation. A black robe federal judge, or a district court appointee does not have the rule of land.

Thomas E. Woods said it best in the book. "If the Tenth Amendment were still taking seriously, most of the federal government's present activities would not exist. That's why no one in Washington ever mentions it."

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So what's the Tenth Amendment anyway

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