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To: cowboyway
cowboyway: "The de facto repeal of the 10th Amendment occurred on April 9, 1865."

The 10th Amendment was never repealed, de facto or de jure.
Today it is more honored in the breach than in observance, but the reason is not Lincoln.
The reason is that states are far too eager to feed at the Federal money trough, for them to object to any conditions Big Government might put on taking its "free goodies".

Before states can enforce the 10th Amendment, they must first be willing to turn down Federal "free money".
Do you know of any who routinely do that?

193 posted on 01/03/2012 4:34:31 AM PST by BroJoeK (a little historical perspective....)
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To: BroJoeK
The 10th Amendment was never repealed, de facto or de jure

The power delegated to the federal government was significantly expanded by amendments to the Constitution following lincoln's illegal war and the states became legally subject to the final dictates of the federal government; hence the de facto repeal of the Tenth Amendment.

Today it is more honored in the breach than in observance

That would be, in effect, a de facto repeal.

but the reason is not Lincoln.

Most honest historians will disagree with you:

In 1831, long before the War between the States, South Carolina Senator John C. Calhoun said, "Stripped of all its covering, the naked question is, whether ours is a federal or consolidated government; a constitutional or absolute one; a government resting solidly on the basis of the sovereignty of the States, or on the unrestrained will of a majority; a form of government, as in all other unlimited ones, in which injustice, violence, and force must ultimately prevail." The War between the States answered that question and produced the foundation for the kind of government we have today: consolidated and absolute, based on the unrestrained will of the majority, with force, threats, and intimidation being the order of the day.

Lincoln did not fight the bloodiest war of the nineteenth century, against his own people and at a cost of 620,000 American lives, to free the slaves. He fought it to set a precedent of federal supremacy over the states. And in the process turned his apparent belief that the ends justify the means into federal dogma.

The reason is that states are far too eager to feed at the Federal money trough, for them to object to any conditions Big Government might put on taking its "free goodies".

The real reason is lincoln's consolidated and absolute government.

Before states can enforce the 10th Amendment, they must first be willing to turn down Federal "free money". Do you know of any who routinely do that?

How can they when they're under the thumb of lincoln's consolidated and absolute government?

195 posted on 01/03/2012 9:46:35 AM PST by cowboyway (Molon labe : Deo Vindice : "Rebellion is always an option!!"--Jim Robinson)
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To: BroJoeK; lentulusgracchus; Georgia Girl 2; central_va; rustbucket; nathanbedford; ...

http://www.youtube.com/watch?v=R2sVBmSWlhw


198 posted on 01/03/2012 12:46:31 PM PST by Idabilly (Tailpipes poppin, radios rockin, Country Boy Can Survive.)
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