That's funny. You should read up on "commerce clause" jurisprudence. That alone with disabuse you of your fantasy about 18 powers. While you're at it, you could study up on "implied powers." That's another goodie. And finally, review who, under the Constitution, decides on the meaning and Construction of its words. If you still believe in 18 powers at that point, I can't help you.
Umm, Huck, you are too wrapped in bad law. “Constitutional Law” in the decades since 1937 is a perverted rebuke to “Constitution Law” before that. The Founders did mean that Conress only had 18 specific enumerated powers. They did not write or intent a hyper-inflatable commerce clause. (Plus those law perverters all seem to have ignored Article I, Section 9, part 6, which is ALSO a commerce clause.)
“Implied Powers”! Yes but that’s just modern idiot’s Dicta.
Silly strawman argument tossed in with insults to screaminsunshine. There are delegated powers. Period.
Every one of our congressmen/reps/president take an oath to support and defend our Constitution. They are just as responsible to our Constitution as the courts. That our reps lie when take the oath and ignore the Constitution is not the fault of the clear language of the Constitution.
With what would you replace our Constitution?
I agree with what you’re saying, but I also think the 10th amendment just hasn’t been enforced or challenged directly yet. We have always complained, but inevitably we just bent over and took it. The encroachment on our healthcare (or gun rights) could be the turning point though (I hope).
Even if SCOTUS rules in favor of the fed, but the States refuse to bend and the States even threaten to withhold fed taxes by its residents and threaten to arrest any federal agents attempting to enforce the disputed fed law, then what can the feds actually do?
The federal government doesn’t have enough law enforcement to enforce these federal laws, if directly opposed by the residents, law enforcment, & guard units of these conservative states and it is illegal to use the military to enforce domestic laws. If the military were used, I think much of the military would refuse and it could lead to open rebellion by the states. Of course this would be a fantasy because I don’t think any of our politicians have the balls to instigate this type of states’ rights showdown anyways.