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To: Bull Snipe
>p>>>John Galt wrote: "the 10th Amendment was cited by the seceeding States in support of their formal severance of ties."
>>Bull Snipe wrote: "No, the 10th Amendment was not cited by any of the 11 seceding states in their Ordinances of Secession"

The 10th Amendment applies to all non-prohibitied powers not specifically enumerated to and for the general government. The power of secession is one of those un-enumerated powers reserved to the states and the people, as mentioned in the South Carolina declaration of Secession:

"The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other slaveholding States, she forbore at that time to exercise this right. Since that time, these encroachments have continued to increase, and further forbearance ceases to be a virtue…

"By this Constitution, certain duties were imposed upon the several States, and the exercise of certain of their powers was restrained, which necessarily implied their continued existence as sovereign States. But to remove all doubt, an amendment was added, which declared that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. On the 23d May, 1788, South Carolina, by a Convention of her People, passed an Ordinance assenting to this Constitution, and afterwards altered her own Constitution, to conform herself to the obligations she had undertaken.

"Thus was established, by compact between the States, a Government with definite objects and powers, limited to the express words of the grant. This limitation left the whole remaining mass of power subject to the clause reserving it to the States or to the people, and rendered unnecessary any specification of reserved rights."

["Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union." Avalon Project, Dec 24, 1860]

Therefore, South Carolina believed the 10th Amendment applied, and specifically expressed that belief.

Mr. Kalamata

165 posted on 12/27/2019 6:37:03 PM PST by Kalamata (BIBLE RESEARCH TOOLS: http://bibleresearchtools.com/)
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To: Kalamata

It was the only one of 11 states that so stated that principle.


166 posted on 12/27/2019 6:47:09 PM PST by Bull Snipe
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To: Kalamata
The 10th Amendment applies to all non-prohibitied powers not specifically enumerated to and for the general government.

I don't see the word 'specifically' in the 10th Amendment or anywhere else in the Constitution. Can you point out where it is?

176 posted on 12/28/2019 4:01:48 AM PST by DoodleDawg
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