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.
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