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Debates Forum

Debates Forum

  1. 25 Jun '15 02:45
    "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."

    The amendment, largely abandoned following the Civil War, further limits the authority of the federal government to that enumerated within the Constitution itself. Since that time, the federal government has more and more usurped the powers of the sovereign states.

    The powers that be would never admit that the 10th amendment has been violated, so how do they defend the abandonment of the core principle of state self determination?
  2. Standard member vivify
    rain
    25 Jun '15 03:19
    Originally posted by whodey

    The powers that be would never admit that the 10th amendment has been violated
    Example?
  3. 25 Jun '15 04:34
    Originally posted by whodey
    "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."

    The amendment, largely abandoned following the Civil War, further limits the authority of the federal government to that enumerated within the Constitution itself. Since that time, the federal g ...[text shortened]... olated, so how do they defend the abandonment of the core principle of state self determination?
    Do you refer to the constitutionally amended 14th amendment?
  4. Standard member RJHinds
    The Near Genius
    25 Jun '15 07:51
    Originally posted by whodey
    "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."

    The amendment, largely abandoned following the Civil War, further limits the authority of the federal government to that enumerated within the Constitution itself. Since that time, the federal g ...[text shortened]... olated, so how do they defend the abandonment of the core principle of state self determination?
    The North won the war and the North became the federal goverment and made laws. The Supreme Court of the United States ruled that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes.
  5. 25 Jun '15 11:30
    Originally posted by JS357
    Do you refer to the constitutionally amended 14th amendment?
    That is just one example.

    Now does Roe V Wade violate the 10th amendment of the United States Constitution? Meaning does it violate the power of the States to determine if abortion should, or should not be legal in their State.
    Nowhere in the Constitution does it mention abortion. Nowhere does it say it is illegal, or legal. Roe V Wade using a flimsy interpretation to say that somehow due process in the 14th amendment is a right to privacy and that right extends to the woman's right to terminate a pregnancy. Roe V Wade never mentions the 10th amendment, just takes away the 10th amendment powers of the State to decide the legal status of abortion within its jurisdiction. The Constitution never gave rights to the federal government to even be involved in abortion. I believe this was intentional as the Founding Fathers wanted issues like abortion to be left to the States
    Roe V Wade is not a constitutional amendment therefore can not override a current constitutional amendment. Roe V Wade isn't even a law.

    And lastly, due Process under the 14th Amendment has nothing to do with privacy.

    In closing I will argue it does indeed violate the 10th amendment
  6. 25 Jun '15 11:33
    Originally posted by vivify
    Example?
    It is pretty self explanatory.

    What powers are delegated to the federal government by the Constitution?

    Now compare that to the powers they have today.

    The goal was a limited government, something many Progs would refer to as anarchy.
  7. Subscriber no1marauder
    It's Nice to Be Nice
    25 Jun '15 12:15
    Originally posted by whodey
    That is just one example.

    Now does Roe V Wade violate the 10th amendment of the United States Constitution? Meaning does it violate the power of the States to determine if abortion should, or should not be legal in their State.
    Nowhere in the Constitution does it mention abortion. Nowhere does it say it is illegal, or legal. Roe V Wade using a flimsy int ...[text shortened]... othing to do with privacy.

    In closing I will argue it does indeed violate the 10th amendment
    The rights of persons under the 14th Amendment cannot be impermissibly limited by the States or the Amendment is meaningless.
  8. 25 Jun '15 12:39 / 1 edit
    Originally posted by no1marauder
    The rights of persons under the 14th Amendment cannot be impermissibly limited by the States or the Amendment is meaningless.
    Specifically what rights are women given under the 14th Amendment that gives them a right to abortion?

    What about the right to illegal drugs like Heroin?
  9. Subscriber no1marauder
    It's Nice to Be Nice
    25 Jun '15 16:45
    Originally posted by whodey
    Specifically what rights are women given under the 14th Amendment that gives them a right to abortion?

    What about the right to illegal drugs like Heroin?
    No rights were given to anyone by any provision of the Constitution but you were born with the right to personal sovereignity over your own body and its contents.
  10. Standard member vivify
    rain
    25 Jun '15 18:10
    Originally posted by whodey
    It is pretty self explanatory.

    What powers are delegated to the federal government by the Constitution?

    Now compare that to the powers they have today.

    The goal was a limited government, something many Progs would refer to as anarchy.
    Okay. But you say the 10th Amendment has been violated. Can you think of any specific examples?
  11. 25 Jun '15 19:38
    Originally posted by vivify
    Example?
    No Child Left Behind
  12. 25 Jun '15 20:32
    Originally posted by Eladar
    No Child Left Behind
    How about the alphabets soup list of federal agencies? Do any of them have a Constitutional basis. HUD, IRS, just for starters.
  13. 25 Jun '15 22:14
    Originally posted by normbenign
    How about the alphabets soup list of federal agencies? Do any of them have a Constitutional basis. HUD, IRS, just for starters.
    You mean like the EPA?

    No Constitutional basis whatsoever.
  14. 25 Jun '15 22:26 / 1 edit
    Babies can be deprived of life without due process of law so long as they are aborted before they are viable (whatever that means).

    Whodey should be BANNED.
  15. 25 Jun '15 22:34
    Originally posted by Eladar
    You mean like the EPA?

    No Constitutional basis whatsoever.
    What on earth? Here let me find the Constitutional basis for you:

    "The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States." Art. IV, Sec. 3, Cl. 2.

    "Nothing in this Constitution shall be so construed as to prejudice any claims of the United States." Art. IV, Sec. 3, Cl. 2.

    The United States claims that the environment is its property; thus, it can regulate it. Move to Canada if you don't like it, peon.

    Eladar should be BANNED.