Remember the brilliance of the constitution is that it is "flexible" explicitly by virtual of the amendment process, which can be driven by congress or driven by the states. So any part of the constitution can change! For most of our nations existence (well the first 2/3rds at least), the proper process was followed - sometimes too rapidly and without sufficient consideration requiring corrective action via the very same process of amendment.
Somewhere in the mid 20th century it was decided this process was too something: to complex (it is not), to transparent (it is), or perhaps to subject to the will of the people to intrude on whims and wishes of those who wish to rule (my theory). Do not accept this false narrative: the constitution IS a living document, but by amendment, not "creative" interpretations, convoluted court rulings or outright circumvention by repetition. It remains a fact that it is morally and legally wrong to assert we must "update" our understanding of the words to align with the times. The update process is clearly defined: amendment.
True. And the 9th is superior to the 10th (why it comes first) and CLEARLY states that power originates from and is reserved to the people. That's been generally ignored too.
The 14th has been broadly interpreted to support federal preemption. A political phrase for grabbing power over the states and the people. The vast majority of federal regulation exists based on this interpretation. How else does CDC exist? It does not regulate interstate commerce and as we've seen is not promoting the general welfare ;-). How does the FDA regulate controlled substances? The list is extensive. When Colorado "legalized" a controlled substance, then AG Eric Holder was poised to fight since of course the FDA regulates controlled substance and marijuana is prohibited - under the preemption interpretation states can not over-rule such regulations. However holder backed off when the AG of the state basically said "bring it on, I'd LOVE to argue the 'preemption' interpretation and have the courts rule it out of existence!" - and the dominoes that might cause to fall might actually restore limits to federal power, something Holder's boss could not risk at the time.
In my opinion it would, because I don't believe that abortion is a constitutional right. However, the ruling of Roe says that abortion is covered by the constitution, in which case it would seem the 10A wouldn't apply. The other method that they could have tried, if the federal law angle didn't work, is to pass a new constitutional amendment, but they didn't try that, either, which leads me back to believing that they prefer to keep the issue alive.
Absolutely!! With the hopeful overturning of Roe V Wade, it would presume the courts do not feel it is a constitutional right. Leading us back to the 10th amendment. And there is no way 2/3 of the states would agree to abortion rights.
Wouldn’t the 10th amendment disallow this?
Remember the brilliance of the constitution is that it is "flexible" explicitly by virtual of the amendment process, which can be driven by congress or driven by the states. So any part of the constitution can change! For most of our nations existence (well the first 2/3rds at least), the proper process was followed - sometimes too rapidly and without sufficient consideration requiring corrective action via the very same process of amendment.
Somewhere in the mid 20th century it was decided this process was too something: to complex (it is not), to transparent (it is), or perhaps to subject to the will of the people to intrude on whims and wishes of those who wish to rule (my theory). Do not accept this false narrative: the constitution IS a living document, but by amendment, not "creative" interpretations, convoluted court rulings or outright circumvention by repetition. It remains a fact that it is morally and legally wrong to assert we must "update" our understanding of the words to align with the times. The update process is clearly defined: amendment.
Well in theory the 10th Amendment disallows a lot of shit the federal government is doing.
True. And the 9th is superior to the 10th (why it comes first) and CLEARLY states that power originates from and is reserved to the people. That's been generally ignored too.
The 14th has been broadly interpreted to support federal preemption. A political phrase for grabbing power over the states and the people. The vast majority of federal regulation exists based on this interpretation. How else does CDC exist? It does not regulate interstate commerce and as we've seen is not promoting the general welfare ;-). How does the FDA regulate controlled substances? The list is extensive. When Colorado "legalized" a controlled substance, then AG Eric Holder was poised to fight since of course the FDA regulates controlled substance and marijuana is prohibited - under the preemption interpretation states can not over-rule such regulations. However holder backed off when the AG of the state basically said "bring it on, I'd LOVE to argue the 'preemption' interpretation and have the courts rule it out of existence!" - and the dominoes that might cause to fall might actually restore limits to federal power, something Holder's boss could not risk at the time.
Absolutely true
In my opinion it would, because I don't believe that abortion is a constitutional right. However, the ruling of Roe says that abortion is covered by the constitution, in which case it would seem the 10A wouldn't apply. The other method that they could have tried, if the federal law angle didn't work, is to pass a new constitutional amendment, but they didn't try that, either, which leads me back to believing that they prefer to keep the issue alive.
Absolutely!! With the hopeful overturning of Roe V Wade, it would presume the courts do not feel it is a constitutional right. Leading us back to the 10th amendment. And there is no way 2/3 of the states would agree to abortion rights.
3/4, you mean. A constitutional amendment must be approved by 2/3 votes in both Houses of Congress, and then ratified by 3/4 of the states.
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