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To: sloop
I take it you have no legal background.

The Tenth Amendment only grants States or the people unspecified powers (not rights), and States are only granted powers not "prohibited by [the US Constitution] to the States." Several other amendments provide strong arguments against State prohibition of birth control.

The Ninth Amendment makes it clear that the people are presumed by the framers as having protected rights not specified in the Constitution. Arguably, reproductive freedom is one of those presumed rights since there were no State restrictions in place to my knowledge when the Bill of Rights was passed. Other amendments which suuport an argument against a state power to ban birth control are the First Amendment's free exercise of religion clause, the Fourth Amendment's prohibition of unreasonable searches and seizures, and the Fifth Amendment's due process provisions, all of which are applicable to the States under the Fourteenth Amendment.

Santorum has argued that states have a "right" to ban contraceptives, so your 10th amendment "powers" argument does not support Santorum's States' rights argument. Apparently Santorum never learned the difference between rights and powers in law school, which is troubling in itself.

I would expect a politician like Santorum with a law degree to have a better working knowledge of the Constitution by now. Keep in mind that anyone who recognizes a State's right to ban contraception is also suggesting that States have a right to require contraception. Suppose a State passes a law requiring all married females under 25 to use contraception based on their findings that younger women are not sufficiently prepared for the demands of motherhood. Santorum's interpretation of the Constitition would support such forced contraception.

292 posted on 02/23/2012 4:29:48 PM PST by ravinson
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To: ravinson
the states DO have the power

and you have said nothing to prove otherwise - just guessed and presumed and twisted

my background has nothing to do with the facts - since you seem to think only a lawyer can have an opinion on this, facts espoused by mark levin

your pathetic attempts to equate unrelated things does nothing to prove your point - states can ban drugs - but have zero power to force drugs on people

you really, really need to take my recommendation and get some education - stuff that makes sense in your pointy head have nothing to do with reality

maybe you should try the commerce clause next

294 posted on 02/23/2012 4:55:47 PM PST by sloop (don't touch my junk)
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