"The 10th Amendment: A Clear, Firm Boundary Between" Topic
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| Tango01 | 30 Oct 2020 9:24 p.m. PST |
… Congress & the States. "A recurrent theme during the debates in 1787 and 1788 over adoption of the Constitution was the structural incompatibility of "confederation" with "consolidation." The latter was the feared absorption of the states into a unitary general government, so that they ceased to be sovereign members of a "union." As counties or districts were consolidated within a state, so states would be in the United States. The Articles of Confederation had guarded against that. In addition to laying out a number of substantive powers and the detailed means by which those powers were to be exercised, they carefully delineated the boundary between the states and the Congress: "Each state retains its sovereignty . . . , and every Power [sic] . . . , which is not by this confederation expressly delegated to the United States, in Congress assembled." Moreover, under the Articles, Congress acted as a true "federal head" on the corpus of the states. Not only did the states have equal voting rights, but Congress acted on the states, not on the citizens directly. The last was the constitutional role of the state legislatures. Thus, under Article VIII of the Confederation, all charges assessed by Congress were to be paid by the states in prescribed proportion, and the "taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states."…"
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| doc mcb | 01 Nov 2020 4:35 p.m. PST |
Unfortunately the 10th is toothless and ignored. |
| Tango01 | 01 Nov 2020 8:50 p.m. PST |
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| John the OFM | 01 Nov 2020 9:26 p.m. PST |
How did "unfunded mandates" pass 10th Amendment muster?
Oh yes. Threatening to withhold subsidies. Bribes always work. |
| Bill N | 02 Nov 2020 11:51 a.m. PST |
When I was in school our northeaster university alumni government professors used to spout that the 10th Amendment was simply a truism. They said it had no impact on the Constitution. Since then the U.S. Supreme Court has been more receptive to 10th Amendment arguments. |
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