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Its crazy how at the time, people argued that since there was no power given in the constitution to do something, that it would never happen (i.e. writing down
by program_whiz 7y ago
Its crazy how at the time, people argued that since there was no power given in the constitution to do something, that it would never happen (i.e. writing down that speech was protected was unnecessary since there was no power to reulate it). Its interesting how the system has figured out the "loopholes" in the document and used it to essentially control everything that wasn't expressly forbidden (and even have power over those things to some degree -- e.g. weapons, speech, religion).
I guess it turned out Hamilton was partially right, since it has eventually been interpreted as an implicit right of the government to regulate everything not explicitly given as a right. But at the same time, I can imagine without the "protection" ammendments, we'd probably still have even more rules and regulations (I doubt implicit mention of powers was the instigating factor).
- chrisco255 7y agoWell the 10th amendment specifically says this: 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. So we only delegate to the federal what is specifically enumerated in the Constitution. And the enumeration of certain rights does not preclude the existence of other rights not specifically listed.
- JeffL 7y agoAnd the interstate commerce clause had come to mean that the federal government can do almost anything.