Message from @txgho
Discord ID: 800237279343280209
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.
The 10 Amendment is the basis for the States having primary control over things like criminal law... how divorce court works... etc
COTUS or SCOTUS?
You don't say. It's almost like they delegated powers to the states in the 10th amendment.
Yes... which is why I said the 10th amendment does not restrict states... it only restricts the federal government
@Maw That is the way I read the 10th.
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.)
The Federal Government is only suppose to have control or legislate on issues specifically grounded in the Constitution. Now... they have sort of got around that using the Commerce Clause...
Wow it seems like most of us agree that the fed violates the 10th in tons of ways. Um yet we let it be.
Courts are delegitimized due to recent court and SCOTUS antics.
CJ Roberts should be impeached.
Ok if you think the 10th restricts states... give me an example of a law that a State cannot pass because they are restricted from doing so by the 10th Amendment
Restrictions to freedom of speech.
No... the First Amendment does that... they apply to the States as well.... Remember
... yes, the first amendment does that!
TO THE STATES!
Have you read any of the links I provided you on this?
@Maw if im reading this correctly, this prohibition does not count INSIDE of a municipality/city limits?
Sec. 46-2. - Use of firearms.
(a)
It shall be unlawful for any person to use and discharge any firearm, BB gun, or air compression gun of any kind, nature, make, or description within a distance of 500 yards of any business or residential district in the county situated outside the corporate limits of any and all municipalities in the county.
(b)
A business or residential district within the meaning of this section shall be that territory continuous to a street or highway where 75 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.
(c)
Nothing in this section shall be construed so as to prohibit any person from discharging any firearm in protection of his person, family, guests, or property.
(d)
Any person violating the provisions of this section shall, upon conviction thereof, be punished in accordance with section 1-7.
(Ord. of 7-3-67, §§ 1—4)
that seems ass backwards doesnt it?
What does the 10th Amendment have to do with the first?
The 1st Amendment does not need the 10th to apply to the States. It was applied to the states by virtue of the Doctrine of Incorporation
Wisper words of wisdom... let it be. We need to all settle down and pray that all of this is going to be ok.
proablably that a state cante violate any of the other 9