[Durus]

It's amazing to me seeing you both totally ignore the fact that the 10th clearly specifies that some powers are prohibited to States by the US Constitution.

It's amazing to me you could read my post and come to the conclusion that I don't know that the 10th amendment (among others) limits the powers of the state. I think I stated that pretty clearly.

Not true. -- The US Constitution enumerates various powers prohibited, -- and the most important are specified in the first 14 Amendments, imo.

I was specifically discussing reserved power not powers that were prohibited. When determining what powers are reserved to the states it only stands to reason that reserved powers can't be those which are prohibited so the answer has to be found in the state constitution. I kinda see your point but really you are arguing against something I never stated.

Wyoming, like all States, is prevented from writing legislation ["moral" or otherwise] that deprives persons of life, liberty or property without due process of law.
And? My point was that Wyoming has the enumerated power to legislate morality. I did not say that this power trumped the US constitution.

Dream on. -- Prohibitive type laws [malum prohibitum] violate due process. The Virginia constitution exists regardless of my dream state. The way it was written plainly claims that all powers not ceded to the Fed, or prohibited to them by such, are reserved to the state. I don't like it or particularly agree with the concept and in fact one could make an argument that the concept is unconstitutional, but have that argument with someone else as I didn't have any part in the creation of the state of Virginia's constitution.

[tpaine]

Wyoming, like all States, is prevented from writing legislation ["moral" or otherwise] that deprives persons of life, liberty or property without due process of law.
-- Prohibitive type laws [malum prohibitum] violate due process.

And? My point was that Wyoming has the enumerated power to legislate morality. I did not say that this power trumped the US constitution.

Dream on that any State can declare a power to legislate 'morals'. -- Prohibitive type laws [malum prohibitum] violate the due process clause of our US Constitution.

The Virginia constitution exists regardless of my dream state.

Of course it does.

The way it was written plainly claims that all powers not ceded to the Fed, or prohibited to them by such, are reserved to the state.

And we both agree that malum prohibitum laws are unconstitutional. Good.

I don't like it or particularly agree with the concept and in fact one could make an argument that the concept is unconstitutional, but have that argument with someone else as I didn't have any part in the creation of the state of Virginia's constitution.

We have no argument then, and indeed I was making that argument to someone else.