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I would submit that MANY of the laws our Federal government passes are unconstitutional (10th Amendment). Yet they go and do it anyway and we go and vote in an

• rayiner 13y ago
  The text of the 10th amendment is 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." I submit that nothing can be unconstitutional for violation of the 10th amendment that isn't unconstitutional for some other reason. There is no law that can be justified as an exercise of one of the enumerated powers that nonetheless fails for contravention of the 10th amendment, because any law that can be justified on the basis of an enumerated power + the necessary and proper clause is one that is "delegated to the United States by the Constitution" and thus, literally, not within the scope of the 10th amendment. Take the healthcare mandate. You can't argue that the 10th amendment makes the healthcare mandate unconstitutional, because it was found to be a valid exercise of the taxing power, which is a power delegated to the United States by the Constitution.