How come the Tea Party doesn't know that arguing the 10th Amendment is a moot point?

andrew f

New member
The states decided to ratify the Tenth Amendment, and thus declined to signal that there are unenumerated powers in addition to unenumerated rights.[5][6] The amendment rendered unambiguous what had previously been at most a mere suggestion or implication.

unenumerated does not mean number of rights
If, any of you acually read the constitution it establishes a federal gov't where there was none before over the states. The 10th reaffirms that. It adds nothing to the constitution.

What you are doing has been done before and rendered moot

States and local governments have occasionally attempted to assert exemption from various federal regulations, especially in the areas of labor and environmental controls, using the Tenth Amendment as a basis for their claim. An often-repeated quote, from United States v. Darby, 312 U.S. 100, 124 (1941), reads as follows:

The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not gra


exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.....
 
Back
Top