Next Election Day (September 21, 2010)

Friday, August 7, 2009

So what about that 10th Amendment?

Ok, I have heard quite a bit from those saying I am just a little off in my understanding of the 10th Amendment. You know... the one that says:
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.

Yes, well... I was growing weary of defending myself as a rational patriot/citizen of this great nation and thought that now that I had a bit of time I would do some research. Apparently few (if any) in Washington, D.C. have ever read the Federalist Papers! Of course, the trick here is I'm not a big fan of the Federalist Papers. Being a Jeffersonian, I would definitely fall more into the "Anti-Federalist" camp, but I figured if I was defending what we have, rather than what I think we should have, I should read their arguments.

I'm always hearing how the federal government needs to be so big and overreaching in our affairs. After all, it's a big country! "After all," they say, "the Tenth Amendment was only put there to remind the federal government that they did not have unlimited powers." No, not an exact quote, but I did have that very idea (in not the exact words) given to me not too long ago.

As you may already know, the Federalist Papers were essentially written as "letters to the editor" of various newspapers in New York state from 1787-1788. The intent was to convince the inhabitants to retify the newly proposed constitution by answering concerns about the powers of a centralized federal government. Most believe they were written by three prominant representatives to the Constitutional Convention, Alexander Hamilton (NY), John Jay (NY), and James Madison (VA).

So here is what I found in article #45, written by James Madison:
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. (emphasis added)

hmmm... Me thinks we've been sold a bill of goods over the past 50-100 years (or more!)