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

To: ned
TENTH AMENDMENT QUIZ

Could the Sovereign State of California exercise its rights under the Tenth Amendment to just purchase Baja California and make it another California county?

(Hint: I don't think it ever specifically promised that it wouldn't, and it's really very nice down there.)

Perhaps you should actually sit down and read the Constitution. In brief:

Article I, Section. 8. The Congress shall have Power...To regulate Commerce with foreign Nations...

Article I, Section. 10. No State shall enter into any Treaty...

Article II, Section. 2. The President...shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...

That’s enough for now. Would you consider the “purchase [of] Baja California,” from the Federal Republic of Mexico, by the “Sovereign State of California” to be “Commerce with foreign Nations?” Yes? No? Given that such action would involve the purchase of territory from a foreign nation, would the purchase agreement constitute a treaty? Hmm? Let’s review the Tenth Amendment:

”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.”

Article I, Section 8 appears to be a ‘delegation of power’ clearly and specifically applicable to your hypothetical situation, as does Article II, Section 2. Article I, Section 10 appears to be applicable as well, as a ‘prohibition of power.’

(Hint: the Tenth Amendment reserves to member States and their people powers which have not been ‘delegated’ or ‘prohibited.’)

Perhaps now you can answer the "quiz" yourself. As always, I'm happy to help...

;>)

342 posted on 05/06/2002 4:37:26 PM PDT by Who is John Galt?
[ Post Reply | Private Reply | To 339 | View Replies ]


To: Who is John Galt?
California doesn't want any treaties! Just a cash transaction. No fuss, no muss.
343 posted on 05/06/2002 4:58:57 PM PDT by ned
[ Post Reply | Private Reply | To 342 | View Replies ]

To: Who is John Galt?
And you can forget about the commerce clause too. All of this is going to be an intra-state transaction which will take place in California (Baja California County, to be exact)!

And then the Sovereign State Police are gonna take out those trespassing Federal border patrolmen who are blocking the exits from Baja California County.

344 posted on 05/06/2002 5:09:10 PM PDT by ned
[ Post Reply | Private Reply | To 342 | 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