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To: EagleUSA
"Sadly I think the Tenth Amendment is dead."

It was killed by the 14th Amendment.

12 posted on 06/08/2005 5:22:59 PM PDT by tahiti
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To: tahiti

Bump to that.

As soon as the federal government was empowered to protect citizens' rights in each state, it was all over. States were subjugated entirely to federal interpretations of whatever rights they gave their citizens, even if those rights were more expansive than the federal ones.

But this ruling certainly sets things back. As the WSJ said,

"Raich would appear to end the Lopez line of reasoning, since the two decisions don't seem reconcilable. If, as Justice Antonin Scalia wrote in his majority concurrence, non-economic activities can be regulated so long as they are part of a "comprehensive scheme of regulation," there would appear to be no federal power the Commerce Clause couldn't theoretically justify.

And let no one be deluded that the democratic preference of America's largest state isn't being trampled here. We didn't support the California medical marijuana ballot initiative at issue in Raich. But a clear majority of Californians did. Just because an issue is "important" doesn't mean it should be a matter for federal law. Almost all homicide is regulated at the state level, and contentious issues like abortion rights are best handled not by judicial fiat but by democratic compromises in the 50 states. Who knows what further intrusions into the rights of local polities the Raich decision may one day be used to justify?"


19 posted on 06/08/2005 9:25:20 PM PDT by LibertarianInExile (<-- sick of faux-conservatives who want federal government intervention for 'conservative things.')
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