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

To: dirtboy
ALL the amendments applied to the states after the 14th was ratified. The 9th & 10th weren't exempt. Why would you think this so?


How exactly do you propose that the 10th Amendment be applied to the states via the 14th? That is the crux of the matter...



The 14th clarified the 'states rights issue'.
States were notified that ALL laws they made must conform to our constitution. -- Prior to this, many of them held to Marshall's erroneous decision that states were not bound by the original BoR's.
The 10th was not changed by the 14th, and still applies to states, just as it reads, and has always read.
158 posted on 08/02/2002 5:06:34 PM PDT by tpaine
[ Post Reply | Private Reply | To 155 | View Replies ]


To: tpaine
The 14th clarified the 'states rights issue'.

I will hold to my original point. How can an amendment that moves powers not delegated to the federal government to the states or the people ... be affected by an amendment that grants more power to the federal government at the expense of the states? Hint - it is diminished. And since the 9th was originally coupled to the 10th (IMO), that in turn diminishes the 9th, or else the 9th, coupled with the 14th, becomes a vehicle for federal judicial activism instead of a check on federal judicial and legislative power, as the 9th was prior to the passage of the 14th.

159 posted on 08/02/2002 5:14:15 PM PDT by dirtboy
[ Post Reply | Private Reply | To 158 | 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