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AMPLIFYING THE TENTH AMENDMENT
States' Liberty Party ^ | 1989 | John MacMullin

Posted on 11/05/2007 6:11:57 AM PST by Tolerance Sucks Rocks

In Garcia v. San Antonio Metropolitan Transit Authority,1 the Supreme Court held that state interests are more properly protected from federal encroachment by the procedural safeguards found in the federal political process rather than by judicially defined limitations.2 Justice Powell, in a strong dissent, asserted that the majority's decision reduced the tenth amendment to "meaningless rhetoric."3 In explaining its decision, the majority observed that State governments, through equal representation in the Senate, retain sufficient influence over the federal political process to insure their autonomy and sovereign interests.4 The Court, however, recognized that the seventeenth amendment, which provides for the popular election of Senators, may have diminished the influence that state governments have over the federal political process and, thereby, the effectiveness of the states' role in that process.5 In South Carolina v, Baker,6 the Court reiterated its position in Garcia, and also held that in order to obtain relief, states must show that the federal political process operates in a defective manner.7

Baker provoked a heated response from the Chairman of the National Governors Association.8 This response typified the reactions of others also alarmed that an excessive centralization of authority in the federal government, and a corresponding denigration of the status of the states in the federal system, may be occurring.9


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: 10thamendment; 16thamendment; 17thamendment; amendments; encroachment; federalism; lobbying; states; statesrights; supremecourt; taxation; usurpation
My second attempt at posting, this time from a different site. As far as I can tell, this site did not provoke the wrath of any virus-checking software.
1 posted on 11/05/2007 6:11:57 AM PST by Tolerance Sucks Rocks
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To: Admin Moderator; Sidebar Moderator; Lead Moderator

Hopefully, this version meets with your approval.


2 posted on 11/05/2007 6:12:37 AM PST by Tolerance Sucks Rocks (Repeal the Terrible Two - the 16th and 17th Amendments. Sink LOST! Stop SPP!)
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To: Tolerance Sucks Rocks

What I posted is an excerpt. The actual article is over 20 pages long.


3 posted on 11/05/2007 6:14:09 AM PST by Tolerance Sucks Rocks (Repeal the Terrible Two - the 16th and 17th Amendments. Sink LOST! Stop SPP!)
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To: Tolerance Sucks Rocks

Thanks for posting this muh man!

For what its worth it seems like both sides of this issue seem to be cryin’ like a bunch of pansies on this...And maybe rightfully so...

This is just my initial knee-jerk reaction...

But everytime it seems like the Federal side of the coin want to “diminish” the individual states rights in representation at the Federal level, basically politisizing the appointments or elections of Senators and allowing more and more influence downhill from D.C., it just seems to me like unless we just clean house and fire every single one of them...Its never going to change...

I say it needs to be given a name...

“Operation Clean Slate”

I know there are a lot of good to great leaders and elected officials up there now...But to be fair to the entire country, a clean sweep really needs to happen...

Otherwise we are just greasing the slippery slope ourselves...

Just my opinion...


4 posted on 11/05/2007 6:39:23 AM PST by stevie_d_64 (Houston Area Texans (I've always been hated))
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To: Tolerance Sucks Rocks

The main question on my government seminar final in college was essentially whether the 10th amendment was meaningless rhetoric in the modern world of Federal supremacy.

Nice to see that the Supremes are still wrestling with the problem. I thought the argument was over by 1961.


5 posted on 11/05/2007 2:35:34 PM PST by wildbill
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To: Tolerance Sucks Rocks
The 10th is dead. Its death throes started with FDR’s court. I leave the actual moment of death to historians.
6 posted on 11/05/2007 3:11:34 PM PST by Jacquerie (Convince me that murderous Islam deserves 1st Amendment protection.)
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