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Thread: U.S. Constitution, Amendment X

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    U.S. Constitution, Amendment X

    Amendment X
    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.

    Generally, the courts call anything left to the states as "Police powers".
    Prior to Obamacare, the states had control of most medical care, but Obama changed all that.

    Law enforcement is generally left to the states unless a Federal law is involved or the matter involves interstate commerce, at which time the FBI takes over.
    Because banks in the USA have their deposits insured by the FDIC, a Federal agency, bank robbery is in the FBI's jurisdiction.

    In some areas where the states have exclusive jurisdiction, the Federal government has some control because the state accepts Federal funds.
    Si vis pacem parabellum
    (If you want peace, prepare for war)
    Vegetius Renatus
    Roman Philosopher

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Joebruno View Post
    Amendment X
    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.

    Generally, the courts call anything left to the states as "Police powers".
    Prior to Obamacare, the states had control of most medical care, but Obama changed all that.

    Law enforcement is generally left to the states unless a Federal law is involved or the matter involves interstate commerce, at which time the FBI takes over.
    Because banks in the USA have their deposits insured by the FDIC, a Federal agency, bank robbery is in the FBI's jurisdiction.

    In some areas where the states have exclusive jurisdiction, the Federal government has some control because the state accepts Federal funds.
    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.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    User Joebruno's Avatar
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by ttwtt78640 View Post
    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.
    No. Medicare and Medicaid only dealt with paying medical bills. They had no control over care.
    Si vis pacem parabellum
    (If you want peace, prepare for war)
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Joebruno View Post
    No. Medicare and Medicaid only dealt with paying medical bills. They had no control over care.
    Are you kidding me? How is it not control over care for the government to set a "take it or leave it" price? It's also not as if one has a choice whether or not to fund Medicare and Medicaid. Of course, that does not even address the EMTALA mandate.
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: U.S. Constitution, Amendment X

    The Constitution has always been about things the government can't do to you just because they want to. Shame it's not taught in school any more.

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    Re: U.S. Constitution, Amendment X

    So that also rules out laws on climate control ?

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Joebruno View Post
    Amendment X
    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.

    Generally, the courts call anything left to the states as "Police powers".
    Prior to Obamacare, the states had control of most medical care, but Obama changed all that.

    Law enforcement is generally left to the states unless a Federal law is involved or the matter involves interstate commerce, at which time the FBI takes over.
    Because banks in the USA have their deposits insured by the FDIC, a Federal agency, bank robbery is in the FBI's jurisdiction.

    In some areas where the states have exclusive jurisdiction, the Federal government has some control because the state accepts Federal funds.
    I remember my constitutional law professor told us that the 9th and 10th amendments to the US Constitution are rules of interpretation, rather than substantive law.

    I think that’s probably correct. Even so, personally, I do not believe the Constitution can justify drug laws, or really anything similar

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Joebruno View Post
    Amendment X
    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.

    Generally, the courts call anything left to the states as "Police powers".
    Prior to Obamacare, the states had control of most medical care, but Obama changed all that.

    Law enforcement is generally left to the states unless a Federal law is involved or the matter involves interstate commerce, at which time the FBI takes over.
    Because banks in the USA have their deposits insured by the FDIC, a Federal agency, bank robbery is in the FBI's jurisdiction.

    In some areas where the states have exclusive jurisdiction, the Federal government has some control because the state accepts Federal funds.
    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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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Joebruno View Post
    Amendment X
    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.

    Generally, the courts call anything left to the states as "Police powers".
    Prior to Obamacare, the states had control of most medical care, but Obama changed all that.

    Law enforcement is generally left to the states unless a Federal law is involved or the matter involves interstate commerce, at which time the FBI takes over.
    Because banks in the USA have their deposits insured by the FDIC, a Federal agency, bank robbery is in the FBI's jurisdiction.

    In some areas where the states have exclusive jurisdiction, the Federal government has some control because the state accepts Federal funds.

    What's your point ?

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    Re: U.S. Constitution, Amendment X

    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)
    Quote Originally Posted by jet57 View Post
    Yeah; a shotgun IS a rifle; it uses a different load.
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    You know that Reagan signed the Brady Bill - right?
    Quote Originally Posted by iguanaman View Post
    The only "sport" that most gun owners participate in is suicide or murder.

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