19-12-2003 19:59									#31
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quote: The stickiness stems from people interpreting the Constitution, not the Framers who were quite clear on the matter...

As I said before, the 10th Amendment has a BIG blind spot. What about those powers the states had already which were not delegated to the federal government? The federal government has the right to regulate interstate commerce, but the states had the right to tax interstate commerce before that. Since that power wasn't specifically taken away, the states would have them still.

The only way the states can have their powers taken away is if it is specifically stated that those laws are taken away and the 10th doesn't deal with that. The 10th only says that the powers NOT DELEGATED are given to the states. That doesn't necessarily mean the powers delegated are closed off from the states. It may simply be a safety valve provision that simply because the federal government doesn't have the power, that doesn't mean that no one has that power.

And as I've also quoted, many, many, many Constitutional law academics, who have gone over original documentations and debates are STILL not sure whether some powers are shared by the states and federal government or just given to one or the other.

Anyway, that's for another thread... or an archived one .