To: BikerNYC
Actually states can do just about anything they want, even set up a theocracy if they please (because the bill of rights and such apply to the federal government). Citizens in that theocracy, however, would be free to move from one state to another that didn't have such rules.
Current jurisprudence doesn't agree with me, but then again, they don't agree with you either :p.
6 posted on
07/23/2002 7:36:47 AM PDT by
CLRGuy
To: CLRGuy
But allowing states to regulate abortion, for example, would be denying the People the right to get one should they so choose. I would think a plain reading of the 9th gives People the right to exercise rights (that they retain, as indicated by the text of the 9th), not States the power to regulate those rights.
And, yes, I agree that current jurisprudence disagrees with both of us.
10 posted on
07/23/2002 7:45:15 AM PDT by
BikerNYC
To: CLRGuy
Actually states can do just about anything they want, even set up a theocracy if they please (because the bill of rights and such apply to the federal government). Citizens in that theocracy, however, would be free to move from one state to another that didn't have such rules. What if all States that were part of the union set up a theocracy?
To: CLRGuy
Not exactly true. The constitution (specifically article 4 section 4) guarantees republican state government. I quote:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
To: CLRGuy
Actually states can do just about anything they want, even set up a theocracy if they please (because the bill of rights and such apply to the federal government). Not quite true. State governments get their properly delegated powers in the same way the federal government does, through their constitutions. The people of a state might empower their state government to establish a state religion by granting that power to the state government in the state constitution, but no state government automatically has that power by default simply because it isn't specifically prohibited that power in the US Constitution.
The basic principle of our form of government is that all power held by government is delegated to that government by the people subject to its governance.
75 posted on
07/23/2002 9:23:27 AM PDT by
Twodees
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