Tuesday, April 28, 2009

Earth to Republicans...the states' rights argument was lost in the Civil War

The Republicans, led by Gov Rick Perry of Texas, have decided to change course and look at the Constitution. But as usual they have isolated a single section, the 10th Amendment, and used it to try and drag the country back into the 19th Century. "All power not delegated to the national government is reserved to the states"...was added to the Bill of Rights to appease the Jeffersonians and facilitate the ratification of the Constitution. The problem was and is Article I, sec.8, clause 18 which states that Congress shall have the power to pass laws necessary and proper to carry out powers listed in clauses 1-17...powers to tax, coin money, raise and support an army, DECLARE WAR (and you thought the President could do that), regulate interstate trade, for example. This section of the Constitution along with the Supremacy Clause and the Preamble complicate the 10th Amendment and muddy the waters of federalism. Recall the Civil War...a crisis in federalism. The division of power between states and the national government has always been a "thorn" in our national side because the division of power is not clearly drawn. The Supreme Court over the course of our history has ruled to negate segregation, uphold regulatory laws, allow the national government to be a steward, all having the effect of marginalizing the 10th Amendment. These politicians who all of a sudden want to talk about the Constitution need to refer to real history, not foxtory.

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