Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Amendment10
You and I are on the same page. However, it's like immigration legislation, the laws are on the books. In this case, the 10th Amendment is on the books. Why is it that almost every Congress critter ignores their Oath to protect same?

The 10th Amendment (like others) and the body of the Constitution including the "Welfare" clause and the "Commerce" clause have been distorted, spun, and parsed for years by the USSC. What did Shakespeare say again regarding lawyers?

105 posted on 02/10/2015 3:11:31 PM PST by A Navy Vet (An Oath is Forever)
[ Post Reply | Private Reply | To 101 | View Replies ]


To: A Navy Vet; All
"However, it's like immigration legislation, the laws are on the books."

Regarding so-called federal immigration laws, in case you haven’t seen the following excerpts, both Jefferson and Madison had noted that the states have never delegated to feds, expressly via Constitution, the specific power to regulate immigration, immigration a 10th Amendment-protected state power issue.

“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “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,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

And here is the related excerpt from the writings of James Madison in Virginia Resolutions.

"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...

… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.

In fact, regardless that federal Democrats and RINOs will argue that if the Constitution doesn’t say that they cannot do something then they can do it, note that the Supreme Court has condemned that foolish idea. More specifically, the Supreme Court has clarified in broad terms that powers not expressly delegated to the feds via the Constitution, the specific power to regulate immigration in this case, are prohibited to the feds.

”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.

The problem is that state lawmakers evidently don’t know the federal government’s constitutionally limited powers any more than the voters who elected them do.

107 posted on 02/10/2015 3:23:01 PM PST by Amendment10
[ Post Reply | Private Reply | To 105 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson