Message from @JD~Jordan

Discord ID: 800235650770403328


2021-01-17 05:25:10 UTC  

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

2021-01-17 05:25:28 UTC  

It literally says it restricts state's rights in the amendment.

2021-01-17 05:25:51 UTC  

Um no

2021-01-17 05:25:57 UTC  

"nor prohibited by the constitution to the states"

2021-01-17 05:25:58 UTC  

yes.

2021-01-17 05:25:59 UTC  

It does. lol

2021-01-17 05:26:00 UTC  

reserved

2021-01-17 05:26:28 UTC  

You are not reading it correctly... Its giving states rights... not restricting their ability

2021-01-17 05:26:37 UTC  

It's a clause.

2021-01-17 05:26:42 UTC  

"Except these things."

2021-01-17 05:27:26 UTC  

"Anything not in violation of these things, is their respective powers."

2021-01-17 05:28:16 UTC  

I don't understand why we are having this back and forth here.... the 10th Amendment only restricts the Fed Government

2021-01-17 05:28:28 UTC  

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.

2021-01-17 05:28:32 UTC  

States have powers not rights.
That was drilled in school back in the day.

2021-01-17 05:28:45 UTC  

its basically a catch all... unless specifically mentioned elses where any rights belong to the people and or the states

2021-01-17 05:28:56 UTC  

No.

2021-01-17 05:29:03 UTC  

It prevents the Federal Government from reaching

2021-01-17 05:29:05 UTC  

um yes

2021-01-17 05:29:54 UTC  

Left to the states or the people.

2021-01-17 05:30:22 UTC  

the whole purpose of the 10th Amendment was to clamp down on what the Federal Government could do... its there to protect state rights

2021-01-17 05:30:46 UTC  

it doesnt specifically limit a state right... it limits the federal government from infringing on state rights

2021-01-17 05:30:58 UTC  

@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.

2021-01-17 05:31:23 UTC  

```“not delegated to the United States, nor prohibited to the States, are reserved to the States or to the people,”```

2021-01-17 05:31:43 UTC  

Yes... I know what it says.... I teach it

2021-01-17 05:31:49 UTC  

`nor prohibited to the States`

2021-01-17 05:32:30 UTC  

The fed Gov was never intended to expand beyond the constitution but today most fed law is not ratified in the COTUS.

2021-01-17 05:34:26 UTC  

@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/

2021-01-17 05:34:33 UTC  

rights not given to the feds 2a are given to the 10th to regulate? for the states to pick and choose?

2021-01-17 05:34:57 UTC  

All of the various departments and their purposes could be conducted by the states and groups of states through interstate compacts.

2021-01-17 05:35:04 UTC  

Then why on earth is the word prohibited in there?

2021-01-17 05:35:05 UTC  

Lol.

2021-01-17 05:36:01 UTC  

The 10th Amendment is only about limiting the power of the federal government. Im not sure how you are reading it any other way.

2021-01-17 05:36:43 UTC  

under the 10th a million laws should be challenged.

2021-01-17 05:36:52 UTC  

if you are a state.

2021-01-17 05:37:15 UTC  

COTUS as a whole was to limit the fed.

2021-01-17 05:37:37 UTC  

The 10 Amendment is the basis for the States having primary control over things like criminal law... how divorce court works... etc

2021-01-17 05:38:07 UTC  

COTUS or SCOTUS?

2021-01-17 05:38:18 UTC  

You don't say. It's almost like they delegated powers to the states in the 10th amendment.

2021-01-17 05:38:51 UTC  

Yes... which is why I said the 10th amendment does not restrict states... it only restricts the federal government

2021-01-17 05:39:22 UTC  

@Maw That is the way I read the 10th.

2021-01-17 05:40:11 UTC  

It restricts states, hence why it says "except those prohibited by the constitution to the states" Remember, there is a difference here between positive and negative. The fed has to give itself powers. The states just get powers (but only those not prohibited by the constitution.)