Missing the point of the 10th Amendment versus other amendments.

The folks at Reason are…well, reasonable.  And quite rational, for mammals.  But they get just as bassackwards as anyone when their emotions are involved.  

Like, apparently, here.

Well of course Republicans and conservatives are fair-weather friends of the 10th Amendment. Why would they differ from the 99% of Americans who don’t respect it?  Everyone with a personal hangup turns tyrant under the slightest pressure.

Chapman prove this obviousity here:

…the Bush administration asserted its power to prevent Californians from using medical marijuana after the state allowed it.

(For the record: marijuana is not now and has never been illegal at the national level. It, like alcohol, was here before the U.S. itself…and it was used by Founding Fathers. Since it has never been Prohibited the federal laws against it are illegal, not poor lil’ Mary Jane.)

Does this establish my “libertarian” bona fides, Steve?

(But also for the record: the federal government doesn’t see things my way, and it has all the guns and power.)

Steve Chapman then goes spectacularly wrong.  Like, one-eighty-degrees wrong.  Frankly I can’t even figure out how he manages it.  He was definitely using emotional reasoning, to coin an oxymoron.

Bachmann has made a similar exception. Asked about same-sex marriage in New York, she said that “the states have the right to set the laws that they want to set.” Then she threw herself behind a constitutional amendment to repeal that right.

Precision, please, Steve.  Bachmann’s not seeking to repeal “the right to set the laws that they want to set”.  She’s seeking to constitutionally define marriage as between one man and one woman.

And in doing so, she and Perry show respect for the 10th.  No one bothers with amendments if they don’t care about federalism.  Too much bother.  They just speak the magic words “Commerce Clause” and ram their agenda through.   

This isn’t hard to follow.  How on Earth did such a smart guy add two and two and get “negative four”?  He’s got emotional skin in this game.  Obviously he doesn’t like the measure.  Maybe he feels if he doesn’t bad-mouth it he’ll seem intolerant.  Certainly he’s sure it will do more harm than good.

But guess what?  It doesn’t matter.  Constitutionally, that is.

Prohibition did lots more harm than good, and yet the Prohibitionists were great Americans.  Were they smart? Well…yes, actually, when compared to today’s bluenoses. Prohibitionists eventually realized they hadn’t taken the black market into account, unlike current governments that keep making that very mistake.

Anyway, they were great Americans because they believed in the 10th Amendment.  That’s why they enacted the 18th.  And because they weren’t total morons like today’s activists, they later enacted the 21st too.

Now compare them with F’nDR.  They wanted to ban alcohol, he demanded mandatory federal socialism.  Had he sought and gotten an authorizing amendment for this, S.S. and Medicaid and Medicare would all be legal. 

(They would still be stupid, and bankrupting us, but they would have been perfectly legal and I wouldn’t be calling for F’nDR’s verminous remains to be excavated, castigated, and cast forth from this land with the greatest of dishonors, as befits all Americans choosing tyranny over freedom.)

Steve, gay folks could seek an amendment banning heterosexual marriage and they would be respecting the 10th.  The Shaking Quakers Redux could seek to make sex itself a federal crime without offending states’ right.

That’s the whole idea.  The 10th reserves to the states everything not specifically authorized by the Constitution.  But the amendment process is how we change the specific authority.

Questions?

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About wormme

I've accepted that all of you are socially superior to me. But no pretending that any of you are rational.
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11 Responses to Missing the point of the 10th Amendment versus other amendments.

  1. Saul says:

    People really do not understand the seperation of power and how the tensions between state and federal are supposed to work. Emotionally overwrought twerps that they are

  2. crosspatch says:

    Anthem: Jethro Tull “Fallen on Hard Times” 2005 remaster from Broadsword and the Beast.

    • wormme says:

      The great scriptwriting team of Rossio and Elliot (Pirates of the Caribbean, Aladdin, Shrek, The Mask of Zorro, etc etc) love Sandman so much they wrote an excellent script for it at least a decade ago.

      I’d love to see it too. It’s #1 on my graphic novel list.

    • D.J. says:

      I still think that the British Naval officer (forget his name) should have been the next Davy Jones, with both Bloom and Depp free to keep going. Maybe Bloom wanted out of the series or was getting too expensive, or it’s just becoming a Johnny Depp vehicle now. Still, the way it happened violated my sense of Narrative Propriety, and I soured on Pirates ever since.

  3. Saul says:

    Well, they are making a Mass Effect movie under the careful guidance of the original Mass Effect writers. Should be good, that

    • D.J. says:

      Please tell me they’re getting the original voice actors if they’re using characters that show up in the games.

  4. Pingback: The Perrytrain…juggernaut, or off the rails? | World's Only Rational Man

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