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To: The Mayor
"we lost our states Rights"

More specifically, the 10th amendment was invalidated by the 14th amendment.

(Proposed by Congress June 13, 1866. Ratified July 9, 1868)

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

Up to this point, the federal Congress had no legislative jurisdiction within the boundaries of a sovereign state except as described in Art I, Section 8, Cl 17 (the purchase of state land by the federal Congress with the state's permission) and Art VI, Section 2 (laws enacted to implement the terms of a treaty then become the law of the land).

Even Art I, Section 8, Cl 3 (the commerce clasue) had not been judicially "expanded" at the time immediately following the end of the war of northern aggression against the sounthern states (that happened in 1942)granting legislative jurisdiction to the federal congress within the boundaries of a sovereign state.

14 posted on 06/14/2004 5:53:00 AM PDT by tahiti
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To: tahiti

You made THE salient point. Thanks.


18 posted on 06/14/2004 5:59:21 AM PDT by jammer
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