Amendment 10 : 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.
Now, the state has been held to constitutional limits by the courts in every case I know of. This is why you still have to have a warrant to search a house and so forth. Also according to the tenth, since these rights are explicitly defined, and constrained as federal, shouldn't the state be prevented from legislating in these areas? Flip the issue, doesn't this also mean that the federal government shouldn't be able to legislate anything except those things mentioned specifically in the constitution. So shouldn't the state not be allowed to have gun law, and shouldn't the federal government to not be able to have umm lets say drug laws? I will look for the quotes email I sent around a while ago, I sat and gathered several pages of pro firearms quotes from the founders in an attempt to justify the courts current opinion on firearms. I could find nothing to support it, other than precedence. No original justification whatsoever. As an aside, I know that various political movements have used the "general welfare" clause of the constitution in order to push through all sorts if law and funding for programs not originally intended or envisioned by the constitution. Doers the tenth amendment not constrain the federal government against this kind of activity? Tim -----Original Message----- From: Nick McClure [mailto:[EMAIL PROTECTED] Sent: Monday, July 07, 2003 9:36 AM To: CF-Community Subject: RE: US Citizenship Test Constitutionally, I would say the states do have the ability to pass laws regarding speech and religion. It depends on the interpretation of Congress. Is it only the federal body or are the state bodies included. If the state bodies are included, can they also do other things the constitution delegates to Congress? > -----Original Message----- > From: Heald, Tim [mailto:[EMAIL PROTECTED] > Sent: Monday, July 07, 2003 9:19 AM > To: CF-Community > Subject: RE: US Citizenship Test > > So the state doesn't need a warrant to search your home? The state can > block your free speech and practice of religion? Why is this right any > different? > > Tim > > > -----Original Message----- > From: Nick McClure [mailto:[EMAIL PROTECTED] > Sent: Monday, July 07, 2003 9:06 AM > To: CF-Community > Subject: RE: US Citizenship Test > > > My personal interpretation is this: > The Federal Government will not put restrictions on weapons owned by the > people. The states however may place restrictions. > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/cf_lists/index.cfm?forumid=5 Subscription: http://www.houseoffusion.com/cf_lists/index.cfm?method=subscribe&forumid=5 Your ad could be here. Monies from ads go to support these lists and provide more resources for the community. http://www.fusionauthority.com/ads.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
