So what do you think “to the people” means in the 10th Amendment?
Clearly it doesn’t mean nothing at all. What does it mean? I suggest it requires a very broad agreement, as one would find necessary to pass an amendment.
What do you think?
In my opinion, the Tenth Amendment’s function was to codify the fact that the powers of the Federal Government were limited to those explicitly enumerated in the Constitution. All other powers were to be retained by the several states or the people.
Whether those powers were vested in the people of a state or the government of that state, the state constitution and state laws would determine, not the Federal Government.
The Federal Government was, again, in my opinion, established to be a government of strictly limited powers. Not only the Tenth Amendment, but the Bill of Rights and the Separation of Powers concept were crafted with that purpose in mind.
Over the years, the Federal COurts, particularly the SCOTUS, has built upon prior half-crocked decisions, the fabric of a false constitution. As these decisions piggy-back on prior misguided decisions, over time they take the government further and further from the ision of the founding fathers and original intent.
The outrageous expansion of the Federal Government under the Commerce Clause of the Constitution is an example. Another are the series of decisions by recent courts relating to the First Amendment.
The Founders did not intend to purge religion and God from public life with the establishment of religion clause. CLEARLY, by inserting the statement “nor the free exercise thereof” they INTENDED that the right of public worship was protected.
With the Stare Decisis principle all these errors have been enshrined in the juridical process and later courts are reluctant to change them.
At any rate, that is my opinion, for what its worth.
You might want to read “Men in Black” by Mark Levin, or “Original Intent” - can;t recall the author. Neither of these goes into the Secession Issue.