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What about Ammendments 9 and 10 that leave all rights and powers to the people unless they’re explicitly given to the government? Amendment IX The enumeration
by mch82 8y ago
What about Ammendments 9 and 10 that leave all rights and powers to the people unless they’re explicitly given to the government?
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
- rayiner 8y agoWhat about them? The 4th amendment explicitly gives the government power to seize and search “effects” (personal possessions) given a valid warrant. Moreover, the 4th amendment is usually applied against state police. But the bill of rights originally didn’t apply to the states (until some clever interpretation of the 15th amendment). The state governments are not ones of explicitly enumerated powers. It makes no sense to interpret the 10th amendment to keep states from doing something because it’s not explicitly enumerated in the Constitution, when the whole point is that powers not enumerated are reserved to the States by default.