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View Diary: "Nowhere in the Constitution" -- Except in the Constitution's very First Section (135 comments)

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  •  No... (4+ / 0-)

    ...because there are also privacy protections in the Bill of Rights and elsewhere that limit how far the government can go.  I figure any law designed to advance any one or more of the six reasons for creating the government as found in the Preamble are fair game, provided that they do not violate prohibitions found elsewhere in the Constitution.

    •  Like the 10th Amendment (2+ / 0-)
      Recommended by:
      coffeetalk, VClib

      All powers not specifically enumerated to the Federal govt are delegated to the states.

      What does this mean under your expansive "general welfare" theory? What is FedGov prohibited from doing that states are allowed to do?

      (-5.50,-6.67): Left Libertarian
      Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

      by Sparhawk on Sat Mar 08, 2014 at 10:41:03 AM PST

      [ Parent ]

      •  not "specifically" (0+ / 0-)

        If you are going to cite the 10th amendment at least quote it accurately.  The word "specifically" or "expressly" are not there though my understanding is that such was debated to match the Articles and rejected. Even "enumerated" isn't used, but rather "delegated".  I take it to mean the feds cannot monopolize areas not directly in their purview, but things that are reserved to the people can mean acting through their representatives at any level of government.  The distinction in this era of at least theoretical universal suffrage is blurrier now than then regarding the people vis-a-vis their government.  I figure at least since the New Deal, the ship on too strict a reading of the 10th amendment has largely sailed.

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