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This the working understanding of the 10th amendment by the good folks on the Right side of the aisle. That the 10th Am. Limits the powers of the federal government by reserving certain powers to the states where the states lord over the federal government…see the discredited and foolish theory of nullification for an example. Just look at the republican debates from the past presidential election stolen by Cossack Trump…that is the prevailing position.
However that interpretation of the amendment is entirely inaccurate.
"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." –10th Amendment, US Constitution
The US Constitution established and defined the powers of the federal government. We are discussing powers, not rights. States have no rights. They have only powers which are inferior to the powers of the federal government. Something to do with the Supremacy Clause. The US Constitution is a compact / contract among the People establishing a federal government by and for the People…a representative government…not a dictatorship or aristocracy. The People are citizens of the US. State citizenship is inconsequential to that calculus. And that is the pecking order.
The main problem with the primacy of ‘states rights’ is the “necessary and proper” clause of the last paragraph of Art. I Sec. 8 of the Constitution. It enumerates many powers to Congress including:
"To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Hamilton went as far to note that “, the “necessary and proper” clause essentially gave the national government the power to do almost anything not specifically prohibited, or illegal.”
“In 1819, Chief Justice John Marshall relied on Hamilton's memo in the landmark case, McCullough v. Maryland, in which the Supreme Court ruled that Congress had the power, under the “necessary and proper” clause to create a national bank. That decision is one of the most important in the history of the Supreme Court and that interpretation of the "necessary and proper" clause remains in effect today. The only specific limits on the power of Congress are those in the Constitution and those that the Supreme Court has found to exist on various occasions. Thus the assumption that the 10th Amendment gives powers to the states if they are not expressly granted to the federal government is wrong. It also does not limit the power of the federal government.”
The states have powers and can legislate to that end but if the federal government legislates on any of those same matters, the federal government wins always.
Since Trump and the republicans have taken over the federal government, I haven’t heard too many right wingers chortling about states rights anymore.
Tldr: fuck you, learn how to read with comprehension, that’s how an eminently unqualified conman became president.
http://progressiveamericanthought.blogspot.com/2015/09/the-misinterpreted-10th-amendment-it.html
However that interpretation of the amendment is entirely inaccurate.
"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." –10th Amendment, US Constitution
The US Constitution established and defined the powers of the federal government. We are discussing powers, not rights. States have no rights. They have only powers which are inferior to the powers of the federal government. Something to do with the Supremacy Clause. The US Constitution is a compact / contract among the People establishing a federal government by and for the People…a representative government…not a dictatorship or aristocracy. The People are citizens of the US. State citizenship is inconsequential to that calculus. And that is the pecking order.
The main problem with the primacy of ‘states rights’ is the “necessary and proper” clause of the last paragraph of Art. I Sec. 8 of the Constitution. It enumerates many powers to Congress including:
"To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Hamilton went as far to note that “, the “necessary and proper” clause essentially gave the national government the power to do almost anything not specifically prohibited, or illegal.”
“In 1819, Chief Justice John Marshall relied on Hamilton's memo in the landmark case, McCullough v. Maryland, in which the Supreme Court ruled that Congress had the power, under the “necessary and proper” clause to create a national bank. That decision is one of the most important in the history of the Supreme Court and that interpretation of the "necessary and proper" clause remains in effect today. The only specific limits on the power of Congress are those in the Constitution and those that the Supreme Court has found to exist on various occasions. Thus the assumption that the 10th Amendment gives powers to the states if they are not expressly granted to the federal government is wrong. It also does not limit the power of the federal government.”
The states have powers and can legislate to that end but if the federal government legislates on any of those same matters, the federal government wins always.
Since Trump and the republicans have taken over the federal government, I haven’t heard too many right wingers chortling about states rights anymore.
Tldr: fuck you, learn how to read with comprehension, that’s how an eminently unqualified conman became president.
http://progressiveamericanthought.blogspot.com/2015/09/the-misinterpreted-10th-amendment-it.html
