The 10th amendment was supposed to recognize the sovereignty of the individual states and their ability through their elected representatives to govern themselves as the saw fit. It was the "laboratories of democracy" theory. State constitutions were, in the beginning, superior to the Federal but that all changed after the Civil War and especially after the 14th amendment was ratified. What we have now is a Federal Government that can impose its will on each state regardless of the issue, all that is required is for the Supreme Court to rule that a state action is unconstitutional. You, being an anti-federalist, should know this.
They were not given the rights that were reserved to the people as the 10th says explicitly.
You cannot be an advocate of states rights and ignore the fact that the tenth tells us all that states do not have the power to deny rights. They only have the powers that are not reserved for the federal government.
Thus for instance, they may regulate commerce which occurs inside of their state but not what occurs between their state and another. They may regulate any activity which is not a right of the people.
--- Nope. -- Not till 1833 [barron v baltimore] did the USSC rule that the BOR's only restricted the fed gov. This ruling became one of the many causes of the civil war.
but that all changed after the Civil War and especially after the 14th amendment was ratified. What we have now is a Federal Government that can impose its will on each state regardless of the issue, all that is required is for the Supreme Court to rule that a state action is unconstitutional.
Yep, and pray that they do 'incorporate' the 2nd as applying to the states. -- California is about to lose the RTKBA.
You claimed once, that you didn't care about Ca. gun rights. -- Still feel that way?