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All the 10th amendment says is that anything that hasn't been delegated or prohibited hasn't been delegated or prohibited. Which is tautological. The States ba
by crusso 14y ago
All the 10th amendment says is that anything that hasn't been delegated or prohibited hasn't been delegated or prohibited. Which is tautological.
The States battled over the wording of each amendment. Many of the debate texts and the notes from the Founders are still available. How an attorney with the Internet at his fingertips could maintain a contrary delusion is really disturbing to me.
There were no throwaway/meaningless amendments in the Bill of Rights.
The Tenth Amendment means exactly what it says it means. The States barely allowed the Federal Government to have any power under the Articles of Confederation. The Constitution was an effort to allow more power to the Federal Government, but certainly not limitless arbitrary powers... thus the Ninth and Tenth Amendments.
- rayiner 14y agoThe federal government would not have unlimited power without the 9th and 10th amendments--the rest of the Constitution explicitly limits it to the enumerated powers and those necessary and proper to carry out the enumerated powers. Which is precisely what makes the 10th amendment a tautology--it doesn't disallow any federal action that isn't otherwise disallowed.