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View Diary: States' Rights My @$$! (104 comments)

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  •  Wow-basic Civics fail! Federalist #39 (link) (3+ / 0-)
    Recommended by:
    FeltzNook, ranton, zenox

    "WHEREAS, the Tenth Amendment limits the scope of federal power and prescribes that the federal government was created by the states specifically to be an agent of the states, rather than the states being agents of the federal government."

    James Madison is rolling over in his grave and screaming!

    Federalist #39

    http://www.constitution.org/...

    Warning: That light at the end of the tunnel just might be an oncoming train.

    by history first on Thu Jan 26, 2012 at 06:47:14 PM PST

    •  Well ... that's ALEC for you!! n/t (3+ / 0-)
      Recommended by:
      MKSinSA, zenox, history first
    •  James Madison and Thomas Jefferson also believed (1+ / 0-)
      Recommended by:
      FeltzNook

      that states had the right to nullify a law passed by Congress within the states if the states deemed a law unconstitutional.  Their authoring of the Kentucky and Virginia Resolution have provided ideological grounding for both the Theory of Nullification and the Theory of Succession.

      The crux of the matter is...was the creation of the federal government an act of the governed (individuals) consenting to be governed or was it a creation of the states consenting?

      •  Unless I'm confused ... (2+ / 0-)
        Recommended by:
        MKSinSA, zenox

        ... the U.S. Constitution was created by individuals and ratified by the States ... but perhaps you intended it to be a rhetorical question ...

        •  The Civil War supplied the answer that Federalists (1+ / 0-)
          Recommended by:
          FeltzNook

          sought:  the federal government was created by the consent of the governed (individuals); therefore, states had no power to withdraw from the union or nullify the compact.  But Madison and Jefferson's writing still disagrees as do those who advocate extreme state rights ideology today.

      •  Throughout the Constitutional Convention Madison (1+ / 0-)
        Recommended by:
        FeltzNook

        wanted Congress to have the power to veto any state law. Can you imagine the implications of that?!

        By the time the Resolves were written, however, Madison had obviously reconsidered his stance on federal supremacy.

        Warning: That light at the end of the tunnel just might be an oncoming train.

        by history first on Fri Jan 27, 2012 at 07:15:17 AM PST

        [ Parent ]

    •  Bigger civics fail (1+ / 0-)
      Recommended by:
      FeltzNook

      Federalist 39 was published January 1788.  The tenth amendment was not passed until August 1789, before which, even if it had been written, it could not have been referred to as the Tenth Amendment.

      Real citation for the quote?

      I want to limit the power of government. Specifically, I want to limit the power of government to create artificial superpeople and give them the same rights as human beings.

      by happymisanthropy on Thu Jan 26, 2012 at 08:14:28 PM PST

      [ Parent ]

      •  The quote is from the ALEC resolution ... (0+ / 0-)

        ... my bad for not making that more clear in the text of the diary ...

        •  Ah. Well, (1+ / 0-)
          Recommended by:
          FeltzNook

          the tenth amendment does nothing but put into writing what was generally assumed at the time, so one could argue it does nothing at all.  So it makes any statement that begins "The tenth amendment doesn't ____" true by default, because it doesn't do anything.

          OTOH, it's not entirely wrong to say that the tenth puts limits on the federal government, but only those implicitly already in place.

          I want to limit the power of government. Specifically, I want to limit the power of government to create artificial superpeople and give them the same rights as human beings.

          by happymisanthropy on Thu Jan 26, 2012 at 10:50:55 PM PST

          [ Parent ]

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