The Mudcat Café TM
Thread #26827   Message #326359
Posted By: mousethief
24-Oct-00 - 05:24 PM
Thread Name: Government---the bigger the better !!!!
Subject: RE: Government---the bigger the better !!!!
Actually, no, state sovereignty is dead because of a series of court rulings dating from the time of the civil war. At that time the USA ceased to be a federation of independent states and became a single nation. Yes, states still have some autonomy for setting things like liquor laws and speed limits (although the national 55mph speed limit showed exactly how far that could go!), but federalism is dead.

If you grew up when I did, you knew from Saturday morning cartoons that the purpose of the Constitution was to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. At least that's what the Constitution says.

The 10th amendment gave all rights not mentioned in the constitution back to the states. But it has been ridden roughshod over repeatedly in the last 200+ years. Federal drug laws, for example, have absolutely no constitutional standing, yet they have never been slapped down by the courts. The people who wanted to make booze illegal realized that the constitution didn't allow a federal law (let alone a presidential mandate!) doing so, and amended the constitution. But when DuPont wanted hemp made illegal, somehow this was forgotten, and we have a slew of federal anti-drug laws (and mandates) which are wholly unconstitutional, at least if the 10th amendment is still part of the constitution. Alas, it would seem it is is not!

It's not that you're an unfrozen caveman, Kim, it's just that you're mistaking the Constitution in-and-of-itself with the Constitution as it has been defined (some would say re-defined) down through the ages by the Supreme Court.

Alex
O..O
=o=