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Does it have anything to do with the fourteenth amendment?

2007-03-27 04:10:12 · 2 answers · asked by diamond_kursed 4 in Politics & Government Other - Politics & Government

2 answers

It has no role anymore.

The original idea of the Constitution was that the Federal government was to be able to exercise ONLY the powers specifically stated in the document (like regulating commerce BETWEEN the states, not INSIDE the states), and that powers NOT in the document were NOT given to the Federal government (such as, the power to establish a national religion was NOT in the document, so therefore the government couldn't do it).
People, however, wanted an even greater restraint on the power of the government, so they passed the Bill of Rights.

And - naively, I suppose - they never foresaw a situation where the Commerce Clause would be used to regulate civil rights, or the penumbra of a "right" tio privacy would be used to regulate abortion laws.

So the ROLE of the 10th Amendment is actually to empower the States to have the powers that the Federal government doesn't have. In reality, there are NO powers that the Federal government doesn't have.

2007-03-27 04:28:52 · answer #1 · answered by Anonymous · 0 0

The fourteenth ammendment was ratified, like, 70 years after the tenth. So the fourteenth would more accurately have something to do with the tenth.

The tenth gives powers not specifically allowed Congress to the States and the people.

2007-03-27 11:17:31 · answer #2 · answered by Tom Jr 4 · 0 0

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