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To: Junior
"If the state can outlaw something like owning sex toys, which affects no one and cases no problems, then they can outlaw anything."

If the "outlawing" doesn't violate the state constitution, of course they can. Doesn't mean they have to, but they can under the state police power.

The state has tremendous powers -- every power not specifically given to the federal government is retained by the states. Which was exactly how the Founding Fathers wanted it.

293 posted on 04/24/2006 5:09:42 AM PDT by robertpaulsen
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To: robertpaulsen
paulsen erroneously claims:

The state has tremendous powers -- every power not specifically given to the federal government is retained by the states.

Not true. The 10th specifically says that powers are prohibited to the States by the Constitution:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Obviously, individual rights apply to "the people".
The powers prohibited to the states, -- the power to prohibit the individual rights of the people -- is denied to government, -- this power is retained by the people.

Which was exactly how the Founding Fathers wanted it.

The founders wrote the Constitution under the presumption that individual liberties "shall not be infringed". -- By any level of government.

Face it paulsen, -- your visions that the "-- state has tremendous powers --" are limited by the provisions of the US Constitution and its Amendments.
Why do you fight this simple fact?

317 posted on 04/24/2006 6:41:43 AM PDT by tpaine
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To: robertpaulsen
The state has tremendous powers -- every power not specifically given to the federal government is retained by the states. Which was exactly how the Founding Fathers wanted it.

What a convenient reading of the X Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.

329 posted on 04/24/2006 8:25:34 AM PDT by Junior (Identical fecal matter, alternate diurnal period)
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