Comment by gamblor956
7 years ago
"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."
Generally, after ratification the 10th Amendment was treated as a truism: essentially a useless amendment that simply confirmed the federal system of government. The words of the man who drafted the amendment, and who opposed it's inclusion:
I find, from looking into the amendments proposed by the State conventions, that several are particularly anxious that it should be declared in the Constitution, that the powers not therein delegated should be reserved to the several States. Perhaps words which may define this more precisely than the whole of the instrument now does, may be considered as superfluous. I admit they may be deemed unnecessary: but there can be no harm in making such a declaration, if gentlemen will allow that the fact is as stated. I am sure I understand it so, and do therefore propose it.
For much of the 20th Century, the justification for most federal laws infringing on state activity has been the Commerce Clause, which was extremely broadly written.
Most recently, the 10th Amendment has been interpreted to mean the federal government cannot force the states to enforce federal laws (see, e.g., Printz and the recently decided Murphy).
>the Commerce Clause, which was extremely broadly written.
Not really, however in Wickard the Supreme Court simply ignored the entire words written, any context, and any rational thought processes around the words written to come up with a massive expansion of federal power that basic renders the enumeration clause pointless, and granting the federal government almost unlimited authority over everything
>>>>[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Seems narrow and precise to me, how 9 supposedly intelligent people came away reading in to the passage "Yes Congress can regulate how much wheat a man grows on his own farm for his own consumption" defy's all logic and reason
Because they didn't decide based on the Constitution, or on the facts of the case. They decided based on what would be convenient for the war effort in World War II.
As Francis Schaeffer said, "If there are no absolutes by which to judge society, then society is absolute." If your ultimate value is "whatever is good for society" or "the nation", there is nothing you cannot trample on in support of that value - even the Constitution.
Which highlights the problem as the Supreme Court should not factor what is "good for society" nor what is "good for the nation" neither of which has any relevance to what is constitutional or not.