9th Amendment!

BidenPresident said:
Excellent comment! Ironically, the right wing never references this amendment. They think states rights is more important.
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No, equally as important because the very next amendment reads that those powers not enumerated in the federal constitution are to be left to the states or the people, the federal constitution doesn't grant rights it enshrines them and limits the powers of the federal government while simultaneously granting the state governments to write their own Constitutions and laws. The incorporation of the federal federal bill of rights onto the states is a relatively new judicial philosophy and only became possible with the ratification of the 14th amendment and in many ways has gone to far.


In a state of nature man is free to do whatever he wishes including rape, theft, and murder, that is why men have constituted governments IE to limit the actions of man and our Constitutional government was framed in such a way as to maximize liberty while still preventing men from violating the liberty of other men.
 
Shoresy said:
No, equally as important because the very next amendment reads that those powers not enumerated in the federal constitution are to be left to the states or the people, the federal constitution doesn't grant rights it enshrined them and limits the powers of the federal government, in a state of nature man is free to do as whatever he wishes that is why men have constituted governments IE to limit the actions of man and our Constitutional government was framed in such a way as to maximize liberty while still preventing men from violating the liberty of other men.
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Are you saying the 9th is fake?
 
Shoresy said:
No, equally as important because the very next amendment reads that those powers not enumerated in the federal constitution are to be left to the states or the people, the federal constitution doesn't grant rights it enshrined them and limits the powers of the federal government, in a state of nature man is free to do as whatever he wishes that is why men have constituted governments IE to limit the actions of man and our Constitutional government was framed in such a way as to maximize liberty while still preventing men from violating the liberty of other men.
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The 10th does not say powers "enumerated." It says powers "delegated." The federal government exercises several powers that are not enumerated in the Constitution but are exercised though the necessary and proper clause or court interpretation.
 
Flash said:
The 10th does not say powers "enumerated." It says powers "delegated." The federal government exercises several powers that are not enumerated in the Constitution but are exercised though the necessary and proper clause or court interpretation.
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The delegated powers are the enumerated powers, they were delegated to the Federal Government by the Constitution. The necessary and proper clause was intended to apply only to actions taken in order to exercise their enumerated powers but has been intentionally misinterpreted so as to grant greater and greater power to the federal government, under your reading the Feds could do anything they wanted and claim it is necessary and proper, if that was the correct interpretation then we wouldn't need enumerated powers in the first place they would be superfluous and render the entirety of the Constituion moot, the entire Constitution would be one line.
 
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Shoresy said:
The delegated powers are the enumerated powers, they were delegated by the Constitution. The necessary and proper clause was intended to apply only to their enumerated powers but has been intentionally misinterpreted so as to grant greater and greater power to the federal government, under your reading the Feds could do anything they wanted and claim it is necessary and proper, if that was the correct interpretation then we wouldn't need enumerated powers in the first place they would be superfluous and render the entirety of the Constituion moot, the entire Constitution would be one line.
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Nope. I don't think the feds could do anything they wanted. They would have to directly connect a power to something that is necessary and proper--that should be interpreted as "absolutely necessary" rather than "convenient and appropriate" as Hamilton used to create the national bank.

Some powers are exercised that are not mentioned in the Constitution--such as regulating immigration. That is an example of an interpretation that granted greater power to the federal government (but still favored by most people).

You are right, delegated is often used interchangeably with enumerated. However, it does not mean specifically enumerated.
 
BidenPresident said:
Stop lying.
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stop saying mindless, stupid things......if you are angry and want to flail, do it quietly in the corner.......we realize you are upset......we felt exactly the same way in 1972........you need to do what we did.....spend the next fifty years trying to change things........who knows what 2072 might bring.......
 
Celticguy said:
OMG... you really typed that ? HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA


in case thi sis news to youse, SCOTUS are not elected by "the people" but state legislatures are.
in that way "the people" have their say.
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The blue states they are elected by the people


Not so in all the red states
 
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