Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Gianni
The Constitution acts as chains on the power of fedgov; the 10th Amendment thereto insures that it shall never be reversed. Expulsion of a state by federal action would be an unenumerated power and thus the only way it can exist would be if it were necessary and proper to carry out one of the enumerated powers. It is not.

I'm not talking about Bush getting a wild hair up his butt and kicking out Massachusetts. I'm asking why the states, through a vote of their representatives in Congress, cannot expel another state? Where is that power forbidden to the states? And where is this Constitutional acid test that determines when action is 'necessary and proper' and when it is not?

733 posted on 03/12/2004 6:37:20 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
[ Post Reply | Private Reply | To 728 | View Replies ]


To: Non-Sequitur
I'm asking why the states, through a vote of their representatives in Congress, cannot expel another state?

A vote of their representatives in Congress would be a federal act, and thus must fall within the enumerated powers of the federal legislature.

And where is this Constitutional acid test that determines when action is 'necessary and proper' and when it is not?

The Constitutional acid test that determines when action is constitutionally derived currently lies with the Supreme Court via their usurpation of this power in Marbury v. Madison.

735 posted on 03/12/2004 6:42:30 AM PST by Gianni (Sarcasm, the other white meat.)
[ Post Reply | Private Reply | To 733 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson