Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Is a "constitutionalist" only a constitutionalist over 1 constitution? Or over all 51 constitutions?
PGA Weblog ^

Posted on 05/03/2020 4:10:03 PM PDT by ProgressingAmerica

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-28 last
To: yarddog
" If it wasn’t expressly given to the Federal Government, it was reserved to the states."

NO, you forgot something.

10th Amendment

"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. "

21 posted on 05/03/2020 7:09:19 PM PDT by CodeToad (Arm Up! They Have!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: ProgressingAmerica

When state constitutions were drafted, they were very careful to adhere to the US constitution of that time, the exception being Texas.

https://dlc.dcccd.edu/txgov1-2/two-constitutions-a-comparison

Likewise, Louisiana was organized under the French Civil Code for the law, so many of their organizational terms are different, but as the years go by they are more in conformity with the US Common Law.

Hawaii became a state without any native treaties, which is why there are no native reservations there. However, Indian reservations operate under US, some state and tribal law, the last of which is very long overdue for revision by both the US government and the tribes, as many of those treaties are irrational.


22 posted on 05/03/2020 7:35:18 PM PDT by yefragetuwrabrumuy (Liberalism is the belief everyone else should be in treatment for your disorder.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yarddog
Talk about ignored...

The 10th Amendment
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
.

Clearly the text does not say that any power not explicitly granted Federal government is reserved to the states. It's a matter of some debate what belongs to the state or to the people, but it's kinda funny to argue for adhering to an amendment while ignoring a significant part of it.
23 posted on 05/03/2020 8:12:02 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
[ Post Reply | Private Reply | To 6 | View Replies]

To: knarf
No longer a government of limited powers, the commerce clause together with broad applications of the privacy provisions of the federal Constitution and applications of the 14th amendment have effectively destroyed federalism and regrettably "overstepped" state constitutions.


24 posted on 05/03/2020 8:45:41 PM PDT by nathanbedford (attack, repeat, attack! Bull Halsey)
[ Post Reply | Private Reply | To 3 | View Replies]

To: justme4now

The constitution specifies some rights; it also imposes some limits on the powers of the federal government. There are times that I wish Madison had made that distinction.


25 posted on 05/03/2020 9:43:18 PM PDT by Loud Mime ("Now, go and do your duty before darkness covers the earth." Michael Uhlmann (1939 - 2019))
[ Post Reply | Private Reply | To 8 | View Replies]

To: Loud Mime

The constitution does not grant any rights.

The words: “Bill of Rights” seems to confuse people.

The original, unamended Constitution was a remarkable achievement, establishing a revolutionary structure of government that put power in the hands of the people.

The Bill of Rights built on that foundation, protecting our most cherished American freedoms, including freedom of speech, religion, assembly, and due process of law.

As you can see, the amendments, known as the “Bill of Rights” is actually a Protection of Individual Rights, not a grantor of rights!
(Those are God given)

“Congress shall make no law...”, “Shall not be infringed...”, “Shall not be violated ...”
(Notice a trend here?)

The first 10 amendments, which we refer to as the “Bill of Rights”, were the subject of much debate at the time.

The question was whether or not the amendments were necessary and that there was nothing in the constitution that allowed the federal government to constrain any of these rights.

Hamilton did not support the addition of a bill of rights because he believed that the constitution wasn’t written to limit the people.

This is why the Bill of Rights is often referred to as a bill of negative rights.

All of the rights in the Bill of Rights are designed as limits on government.

Such limits are known as negative rights.

Our “Rights” are granted by God and are known as “Inalienable Rights.”


26 posted on 05/04/2020 3:31:10 PM PDT by justme4now (Falsehood flies, and the Truth comes limping after it)
[ Post Reply | Private Reply | To 25 | View Replies]

To: justme4now
Hamilton did not support the addition of a bill of rights because he believed that the constitution wasn’t written to limit the people.

Well, in Federalist #84 he says something else. I just can't agree with your assertion. Maybe I've read too many of Hamilton's writings.

Some of the Amendments penned by Madison recognized the rights that the citizens possess. Read them. Rights. He referred to the rights of people in some parts as he placed limitations on the powers of government. In other areas he simply put limitations on power or actions of government. Madison didn't want the BOR; his 180 change in direction was because he understood (correctly) that without the upcoming amendments, the Constitution's ratification was in danger.

27 posted on 05/04/2020 9:36:53 PM PDT by Loud Mime ("Now, go and do your duty before darkness covers the earth." Michael Uhlmann (1939 - 2019))
[ Post Reply | Private Reply | To 26 | View Replies]

To: ProgressingAmerica

Seems to me there ought to be concerns over states violation of the Constitution’s privileges and immunities clauses.


28 posted on 05/05/2020 7:44:56 AM PDT by nicollo (I said no!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-28 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson