Message from @txgho
Discord ID: 800235085495795722
No... I can't see how
Shall no be infringed???? is that not a problem I need a GD Card to get my Fing right do you not see a problem with that?
The 10th actually is a perfect example of the constitution's meaning that was to imply limitations on state's rights from the prior amendments.
"Any powers not restricted by the constitution in reference to the states, are hereby delegated to the states."
Look... I am likely the wrong guy on that. I do not personally think that the 2nd Amendment gives you a Constitutional right to own a gun except as it would be required to preserve a well regulated militia. This is what the SCOTUS initially ruled... unless the gun was required to maintain a well regulated militia then no Constitutional right existed in regards to that gun.
Having said that... just because you dont have a Constitutionally protected right does not mean you can't still possess a gun.
If SCOTUS had some balls most the the government would sease to exist.
reg the 10th
Ok... I see.... I should clear up my language a bit. When I said doesn't apply to the States... I should have said it doesnt "restrict" the States
It literally says it restricts state's rights in the amendment.
Um no
"nor prohibited by the constitution to the states"
yes.
It does. lol
reserved
You are not reading it correctly... Its giving states rights... not restricting their ability
It's a clause.
"Except these things."
"Anything not in violation of these things, is their respective powers."
I don't understand why we are having this back and forth here.... the 10th Amendment only restricts the Fed Government
Anything not prohibited by the Constitution is delegated to the states. So a state cannot force you to house the national guard anymore than the federal government can force you to house the army.
its basically a catch all... unless specifically mentioned elses where any rights belong to the people and or the states
No.
It prevents the Federal Government from reaching
um yes
Left to the states or the people.
the whole purpose of the 10th Amendment was to clamp down on what the Federal Government could do... its there to protect state rights
it doesnt specifically limit a state right... it limits the federal government from infringing on state rights
@Maw
the Tenth Amendment was inserted into the Constitution largely to relieve tension and to assuage the fears of states’ rights advocates, who believed that the newly adopted Constitution would enable the federal government to run roughshod over the states and their citizens. While the Federalists, who advocated a strong central government, had in that respect prevailed with the ratification of the Constitution, it was essential to the integrity of the document and to the stability of the fledgling country to acknowledge the interests of the Anti-Federalists, such as Patrick Henry, who had unsuccessfully opposed the strong central government created by the Constitution.
```“not delegated to the United States, nor prohibited to the States, are reserved to the States or to the people,”```
Yes... I know what it says.... I teach it
`nor prohibited to the States`
The fed Gov was never intended to expand beyond the constitution but today most fed law is not ratified in the COTUS.
@Maw The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment says that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles.
Any power not listed, says the Tenth Amendment, is left to the states or the people. Although the Tenth Amendment does not specify what these “powers” may be, the U.S. Supreme Court has ruled that laws affecting family relations (such as marriage, divorce, and adoption), commerce that occurs within a state’s own borders, and local law enforcement activities, are among those specifically reserved to the states or the people.
https://www.annenbergclassroom.org/10th-amendment/
rights not given to the feds 2a are given to the 10th to regulate? for the states to pick and choose?
All of the various departments and their purposes could be conducted by the states and groups of states through interstate compacts.
Then why on earth is the word prohibited in there?
Lol.
The 10th Amendment is only about limiting the power of the federal government. Im not sure how you are reading it any other way.
under the 10th a million laws should be challenged.
if you are a state.