I would disagree.

Yo9u have said the words are plain, therefore their enforcement should be
plain.

Take Sam's marijuana distributor.  If he didn't sell his product outside the
state of California, and he did so within their laws, why then should the
federal powers be able to come in at all?

-----Original Message-----
From: Judah McAuley [mailto:[email protected]] 
Sent: Tuesday, February 03, 2009 11:57 AM
To: cf-community
Subject: Re: states rights


Words are not plain and they change meaning over time. That is both a
benefit of our system of laws and a downside.

Take the 10th Amendment of which you are so beloved.

As helpfully provided by Mr. Humphrey, it says the following:

"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."

That specifically deals with the relationship of the federal
government to the states and part of the meaning seems pretty plain.
If the power is not explicitly delegated to the federal government or
explicitly prohibited to the states, then it lays with the states or
the people. Great. But then which powers are imbued to the state and
which to the people? The Constitution is silent on that particular
matter.

Then we get into the matter of how to interpret the reach of rights
which are explicitly granted to the Federal Government. The Commerce
Clause is probably the greatest of those. The Constitution allows the
Federal Government control over all commerce between states and
between the US and foreign lands in Article I, Section 8 saying:

"To regulate commerce with foreign nations, and among the several
states, and with the Indian tribes; "

And then specifically gives it the power to do anything it needs to
carry that out: "To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all other powers
vested by this Constitution in the government of the United States, or
in any department or officer thereof."

Business in 1776 didn't have a lot international component to it. Nor
did you see a lot of businesses set up in multiple states. These days
most everything is inter-state. Banks registered in Delaware,
headquartered in N.C., doing business in Oregon. Payments going over
the Internet through a server in San Jose even when the business, the
person buying and the local credit union may all be in the same town
here.

The words in that case are quite plain. How they ought to be applied
and how they fit into a landscape that is substantially different now
than 230 years ago is a different matter all together.

Judah

On Tue, Feb 3, 2009 at 6:50 AM, LRS Scout <[email protected]> wrote:
>
> The problem with that has been judicial activism during and after the
civil
> war.
>
> Our language is easy enough, we have dictionaries.  The words are plain,
> what the founders wanted.  That was taken from us, and is being further
> eroded daily.
>
> -----Original Message-----
> From: C. Hatton Humphrey [mailto:[email protected]]
> Sent: Tuesday, February 03, 2009 9:31 AM
> To: cf-community
> Subject: Re: states rights
>
>
>> Problem with the whole states right ideology, is that it forgets
>> that both the Constitution declares the supremacy of the fed
>> over states, and the courts have ruled multiple times that the
>> Fed is supreme over the states.
>>
>> End of story.
>
> http://usconstitution.net/xconst_Am10.html
>
> 10th Amendment to the Constitution (final article of the Bill of Rights)
> "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."
>
> Ratified in 1791.
>
> Now I'm no constitutional law professor but I *am* a programmer so
> I'll put my reading on this in pseudocode:
>
> IF NOT FIND(Power in Constitution) AND NOT FIND(Power in Amendments)
> AND NOT FIND(Power in Prohibitions) THEN
> Power = States OR People
> END IF
>
> Did I get that right?
>
>
>
> 



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