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U.S. Constitution, Amendment X

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ttwtt78640 said:
Medicare an Medicaid already put that federal foot in the door, PPACA just closed the sale. The new "rule" seems to be that if something (anything?) is deemed important then congress can make it into a (new?) federal power - so long as it can be argued to have some connection to taxation, commerce and/or promoting the general welfare.
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It really isn't a new rule.

The federal government has been encroaching on powers that should like exclusively with the states.....for many decades.

That is the natural tendency that so many were originally concerned about.

The real guardians of Federalism, CONSERVATIVES, have been AWOL for some time now.

You don't hear them talking about federalism much and you certainly don't see them behaving that way (unless it serves their purposes).
 
Rich2018 said:
So that also rules out laws on climate control ?
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Unless you can link climate control to one of the enumerated powers of the federal government, the constitution would prevent the federal government from getting involved.

It has no power over the states ability to pass laws regarding climate change.
 
jet57 said:
And more an more states are legalizing recreational use of marijuana; what's your point? And though I don't like nor use Obama care, what he did was open the door that needed to be busted down. We're being ripped off by the health care industry and it's time they got the message through statute and and true competition. So again, what's your point?
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That the U.S. Constitution does not enumerate a power for the federal government to be involved in health care.

Regardless of whether or not we are being ripped off, it still lies with the states.
 
TurtleDude said:
In the early days of the FDR administration, the Supreme court used the tenth amendment to strike down many of the clearly unconstitutional New Deal laws. After the 36 election and the court packing threat, the supreme court jettisoned 140 years of precedent and started basically doing whatever FDR wanted. That essentially killed the tenth amendment as a check on federal excess. And even some of the most conservative justices-including the late Justice Scalia, was loathe to actually apply the tenth to crappy precedent since he was extremely concerned that a proper application of the tenth amendment to existing programs could "cause massive social upheaval to social institutions that the public has come to rely upon" (Steven Calabresi-NWU Law professor-Howard Taft Lecture on Constitutional law at the University of Cincinnati Law School, 2012: Professor Calabresi was a founder of the federalist society and a former law clerk for Scalia)
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And while Scalia was correct, the process of correcting this error should be ongoing.

But why put it on Scalia ?

Where are the guardians of the Constitution ?

They have been absent for many years.

Does the GOP support and promote federalism ? Not as near as I can tell.
 
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