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To: Dinsdale
Some conservatives (but no libertarians I know) will claim the states have powers beyond those enumerated in the US constitution. The 14th ammendment leaves those wanting greater power for the states without a legal basis...

No. A14 extends restrictions of Powers to the state.

A9 says people still retain rights not enumerated in the Constitution. A10 says, powers not prohibited by the Constitution to the states are retained by the states. These powers protect unenumerated rights.


167 posted on 05/03/2006 6:46:58 PM PDT by FreeReign
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To: FreeReign
In reality, the Constitution reserves powers to the state to protect all rights not enumerated.

Where does it say that?

Read A9 and A10.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X: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.

You think that the Constitution doesn't reserve powers to the state?

The 10th clearly says those not prohibited are so reserved. -- However, it says nothing to the effect that it "reserves powers to the state to protect all rights not enumerated"; -- nor does the 9th.

Admit it, you 'boldly' made that line up.

You don't think that people retain rights not enumerated in the Constitution?

Indeed they do, just as the 9th says. --- The 9th does not say it "reserves powers to the state to protect all rights not enumerated"

And in reality, -- States are violating unenumerated powers just as fast as the feds, if not more. -- Can you agree?

176 posted on 05/03/2006 7:22:45 PM PDT by tpaine
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