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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
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To: dirtboy
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 by tpaine

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 ...

The 10th doesn't MOVE powers. It recognizes that ALL other powers [those not prohibited to states] are either delegated to states OR remain reserved to the people.

-- be affected by an amendment that grants more power to the federal government at the expense of the states?

The 14th doesn't grant more power to the feds. It limits states from violating the constitution.

Hint - it is diminished.

Hint, - no, the 10th is not diminished. States have the same constitutional powers they have always had. They just don't use them.

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.

Sorry, you lost me somewhere in the concept of coupling the 9th & 14th. -- Thanks.

166 posted on 08/02/2002 7:04:21 PM PDT by tpaine
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