“Until the 14th amendment, this was not true. As soon as you accept incorporation, federalism/states rights goes out the window”.
Then why did the framers feel the 10th amendment was necessary? Specific powers of the federal government were granted to it over the states. Why else would the framers feel the need to grant “all the other powers” to the states and the people?
The Tenth doesn’t GRANT ANYTHING, just as none of the BoR GRANTS anything. It RESERVES all authority NOT GRANTED TO FEDGOV to the States and the People, who are the ultimate source of all the authority granted to ANY level of government in this country.
Yours is the most perfect, simple proof that the US Constitution covered individual liberties by people in all the states from government at every level.
If the 14th was needed, then the 10th is meaningless. That the 10th was included to declare that the States and their individual peoople had power over everything else not explicitly states in the Constitution, proves that the 14th is just a power-grab by the Federal government to usurp state sovereignty.
Excellent proof. I’m never forgetting that one! If you belive incorporation comes ONLY from the 14t amendment, then what possible meaning or use can the 10th amendment originally have. It would be a redundancy, and the framers were anything but imprecise or sloppy in that founding document.
Just a perfect perfect proof. Thank you!