FR: Never Accept the Premise of Your Opponents Argument
Major constitutional problems imo with unconstitutional federal government interference in INTRAstate schooling are as follows, this list not necessarily complete.
First, consider that President Thomas Jefferson had officially clarified that the states would first need to amend the Constitution to expressly give Congress the specific power to regulate, tax, spend, and otherwise stick its big nose into the affairs of intrastate schools, the states having never amended the Constitution for this purpose.
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States."Justice John Marshall, Gibbons v. Ogden, 1824.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
Regarding the post-17th Amendment ratification career lawmakers making themselves the national sex equality police without the constitutionally required consent of the states, note that the only constitutionally express power that the states have actually given to the feds to deal with sex-related intrastate issues is voting rights, evidenced by the 19th Amendment.
19th Amendment:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation [emphasis added]."
"Our Constitution never conferred upon the Congress of the United States the power - sacred as life is, first as it is before all other rights which pertain to man on this side of the grave - to protect it in time of peace by the terrors of the penal code within organized states; and Congress has never attempted to do it. There never was a law upon the United States statute-book to punish the murderer for taking away in time of peace the life of the noblest, and the most unoffending, as well, of your citizens, within the limits of any State of the Union. The protection of the citizen in that respect was left to the respective States, and there the power is to-day [emphasis added]. Rep. John Bingham, Congressional Globe. (See bottom half of third column.)
So by replying how high when the unconstitutionally big federal government shouts jump, the constitutionally low-information University of New Mexico Board of Regents is unthinkingly helping to expand the already unconstitutionally big federal governments powers imo.
If the threat of the loss of federal funding played into the boards decision then the board doesnt seem to understand the following. Any federal funding is arguably stolen state revenues, such revenues stolen by unconstitutional federal taxes according to the Gibbons v. Ogden excerpt above.
NM and the rest of the states need to eliminate the unconstitutional middleman, the unconstitutionally big federal government, from helping the states to manage their revenues.
Remember in November!
Patriots need to elect a Congress that will support Pres. Trumps vision for MAGA.
Thanks for your analysis. The only positive I can see in this is that the people I have talked to today see the impact of Title IX as unfair. Maybe this will make them think a bit of how the Feds control local affairs and how the outcome is so much worse than what was intended.
Look at the numbers posted in my #23. Men achievers are being penalized in favor of women who may not even be interested in participating in some of the sports gaining additional places:
Men Track and Field:*
Indoor will go from a roster of 31 to 20
Outdoor will go from a roster of 32 to 20
Cross country will go from a roster of 16 to 10
(* some compete in all three sports)
Women Track and Field*:
- Indoor track will go from 43 to 65
- Outdoor track will go from 43 to 65
- Cross country will go from 20 to 39
(*Some athletes compete in all 3 sports)