Enumerated Powers Act & The 10th Amendment

Arizona State Legislature HCR2024 - sovereignty; tenth amendment.
The 10th Amendment is the most over looked amendment in the U.S. Constitution based on laws passed by the U.S. Congress over the last century.  Arizona and New Hampshire appear to have started figuring it out, how soon before the rest of the country does too?  Well, actually an number of ther states have already passed such resolutions.  According to the New Hampshire resolution this includes: Massachusetts, New York, North Carolina, Rhode Island and Virginia.  Places I find to usually be more accepting of larger and more liberal government.


Both resolutions point out that the Tenth Amendment to the Constitution of the United States says that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".

Basically this means that in order for the U.S. Congress to pass a law, there must be something within the U.S. Constitution that allows them to do so.  This is why I'm in favor of John Shadegg's 'Enumerated Powers Act'.

What laws have been passed over the last century that violate the constitution?

Let's start with the Federal Reserve Act of 1913.  It forced people to accept a private entities bank notes as legal tender, going against what the constitution says in article ?? section ?? that it's the job of Congress to coin money and set standards.  I don't think the Federal Reserver would be unconstitutional if it wasn't for the Legal Tender laws surrounding it.  Of course we'd have a very different financial structure in this country if that were true.  I'm not sure the Federal Reserver, nor the U.S. Governments current money creation and spending sprees would survive under that kind of a structure.  On the other hand would the even be necessary at that point?

Where in the constitution does it give the U.S. government the right to administer social services such as Social Security, Medicare, or educational bills like No Child Left Behind? Simply put, it doesn't.  Although it does give the power to congress to set standards and provide oversight, it certainly doesn't give them the right to dictate to the states how to go about providing those services.  Not to mention the $53 Trillion dollars those services are projected to cost over the next few decades (could this by why the Fed want's to inflate the money supply - so they can out grow the problem threw inflation).

And these are just a few examples...


- Posted by Seth Hollist

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