If Federal law trumps State law every time, then why does the U.S. Constitution have a Tenth Amendment?
The Tenth Amendment seems to imply the Federal government has a LIMITED number of powers and that any power not specifically delegated to the Federal Govt. lies with the individual State governments.
Did the 10th amendment get repealed or something?
“ 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. ”
http://news.yahoo.com/s/ap/us_marijuana_legalization_justice
SAN FRANCISCO – Attorney General Eric Holder says the federal government will enforce its marijuana laws in California even if voters next month make the state the first in the nation to legalize the drug.
The Justice Department strongly opposes California’s Proposition 19 and remains firmly committed to enforcing the federal Controlled Substances Act in all states, Holder wrote in a letter to former chiefs of the U.S. Drug Enforcement Administration. The Associated Press obtained a copy of the letter, dated Wednesday.
“We will vigorously enforce the CSA against those individuals and organizations that possess, manufacture or distribute marijuana for recreational use, even if such activities are permitted under state law,” Holder wrote.
anthony david…………”Abraham Lincoln and the Civil War changed all that.”
So the Tenth Amendment is null and void? Then why is it still there?
GARF………”In the case of pot; because we do not want to pay the future health costs out of Medicare”
So then you fully support banning cigarettes, alcohol, caffeine and salt? Because all those things do exactly what you claim marijuana would do if legalized.
Miss Nancy…………So the Tenth Amendment was for aesthetic purposes? Seriously, why was it included if you claim it has no use whatsoever?
Commander……”Can you imagine a recession if that were obeyed? Impossible.”
There were still recessions, they just weren’t nearly as severe as the boom/bush cycles we have now. Oh, and the federal govt. couldn’t steal the wealth of the people via inflation.
Abraham Lincoln and the Civil War changed all that.
Obama pretends the 10th doesn’t exist.
“No state shall make anything but gold and silver coin a tender for payment”.
Liberals pretend the 10th amendment doesnt exist or they think it say something completely different
Article VI, Section 1, Clause 2
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Edit:
Obviously the language I cited was implemented to bar the state from passing laws that go against the Federal government’s implied powers. It has NOTHING to do with the 10th amendment.
The Commerce Clause in the Constitution is whored out as the excuse for any- and everything the federal government does. If it is an action (and now, an inaction) that affects any sort of commerce in any way, Congress will claim authority.
In the case of pot; because we do not want to pay the future health costs out of Medicare; than means you are affecting sane people and that makes it a Federal responsibility.
Obamacare is an example of an overreaching government. The Constitution does not allow for the government to compel a person to buy insurance. This is crazy world
The states gave power to the Federal government and the states can take it away. The only constitutional outcome is to let the states decide if they want to participate or not.
It doesn’t trump it Every time. Just most of the time. The constitution of 1789 gave congress the exclusive right to regulate interstate commerce and trade and commerce with foreign nations. Drugs were not illegal until 1913. Immigration was completely open until 1875. The Congress has since made a number of federal laws which grant states limited co-jurisdiction with regards to drugs. Without those specific permissions, the state would be powerless. Immigration is solely a federal matter and unless Congress grants states specific permission, they must defer to the Federal Government.