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To: RandFan; All
Post-17th Amendment ratification Sen. Schumer unsurprisingly doesn't seem to understand (blatantly ignores?) the following about the federal government's constitutionally limited powers.

Regarding his unconstitutional (imo) bill, the delegates of the Constitutional Convention (Con-Con) made the Constitution's Article IV, Section 4 (4.4) to prohibit the distrusted federal government from helping to stop domestic violence without a formal request for assistance from the elected government leaders of state where violence is taking place.

"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence [emphasis added]."

In fact, Justice Joseph Story had explained that the delegates had made the domestic violence part of 4.4 as a check against the untrusted feds dreaming up any excuse to interfere with a state's affairs.

”§ 1819. It may not be amiss further to observe, (in the language of another commentator,) that every pretext for intermeddling with the domestic concerns of any state, under colour of protecting it against domestic violence, is taken away by that part of the provision, which renders an application from the legislature, or executive authority of the state endangered necessary to be made to the general government, before its interference can be at all proper [emphasis added]. On the other hand, this article becomes an immense acquisition of strength, and additional force to the aid of any state government, in case of an internal rebellion, or insurrection against its authority. The southern states, being more peculiarly open to danger from this quarter, ought (he adds) to be particularly tenacious of a constitution, from which they may derive such assistance in the most critical periods.” —Joseph Story, Commentaries on the Constitution, Article 4, Section 4.

The bottom line with 4.4 is that Con-Con delegates made keeping the big nose of the feds out of the affairs of the sovereign states a higher constitutional priority than possible federal assistance in dealing with domestic violence imo.

Sen. Schumer needs to first successfully petition the states for a constitutional amendment that would give Congess the specific new power that Schumer needs to justify his bill imo.

"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.

Otherwise, Schumer's bill is another example of unconstitutional expansion of the already unconstitutionally big federal government's powers imo.

67 posted on 05/18/2022 4:07:25 PM PDT by Amendment10
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To: Amendment10; Cboldt

This bill. which includes “white supremacy” 15 times with no mention of other skin colors, should not pass, but what if it does (mainly because cowardly senators are afraid of “racism” smears)?


78 posted on 05/18/2022 8:12:57 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Amendment10

I think Washington touched on this in his farewell address too. Scummer is a POS lefty and should be in jail after his threats to the SC.


86 posted on 05/19/2022 4:57:11 AM PDT by Mouton (The enemy of the people is the media )
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