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Picture of NormanConquest
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As we rapidly approach this election perhaps this should be thought about + seen by many. The 10th amendment of the Constitution of the United States declares unequivocally that the federal government may do only what is specified in the Constitution + nothing else.If the Constitution says that they may do it,the feds may do it.If the Constitution does not mention it,the feds may not do it. Seems pretty simple to me. Although I consider myself well read + of average intelligence I am no lawyer. LAVACA,would you care to comment on this subject? You are "in the business".


Never mistake motion for action.
 
Posts: 17357 | Location: Austin, Texas | Registered: 11 March 2013Reply With Quote
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Norman,

Let me start over, if you get a double response I apologize. I was half way through with a response and everything disappeared.

I'm no Constitutional lawyer, but here's my two cents. When Madison proposed the 10th Amendment, many thought it was unnecessary. After all, if the Constitution didn't give the federal government a right, who would think at that time that it wasn't relegated to the states? Madison liked belt and suspenders. Not that its done much good over the years. Few federal statutes have been declared unconstitutional under the 10th Amendment. The problems, in my opinion are the Commerce Clause and the provisions granting the federal government the right to tax us (that's what saved Obamacare). The Federal Government's right to regulate Commerce and Taxation pretty much gives the Feds the right to regulate anything. Bear in mind there was no "income tax" until 1917.

I'm a big State's Rights guy. I hate to give power to a Federal Government. The intent of the 10th Amendment was to avoid just that, IMHO. But the Federal Government was given the power to regulate "interstate commerce." Back then, there was such a thing as "intrastate commerce" but not any more. This gives the Federal Government almost unlimited power because everything affects commerce today and with the internet, all commerce is interstate, if not international.

Not what was intended. Wish we could bring Madison back.
 
Posts: 10037 | Location: Houston, Texas | Registered: 26 December 2005Reply With Quote
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Thank you. It seems that I spend my life tilting at windmills;but I have no desire to stop.I KNOW there is no justice but I keep hoping for rules to be obeyed ,by EVERYONE.Silly me,but then..."Tis known from here to Menander,that sauce for the goose be not sauce for the gander."


Never mistake motion for action.
 
Posts: 17357 | Location: Austin, Texas | Registered: 11 March 2013Reply With Quote
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