Tenth Amendment Revival

One of the unintended benefits of the Obamacare debate and the current presidency is the increased awareness among citizens of the Tenth Amendment. 

My guess is that, eighteen months ago, few people knew what it says, or what it means.  Now, many do.

Comments

[Roch101]

Defense of Marriage Act? Violation of the Tenth Amendment?

[Joe Guarino]

Not really, Roch. It grants more authority to the states to decide what the law will be within their own jurisdictions on this particular issue.

[Roch101]

It prohibits them from making certain kinds of laws. It removes their authority. But I did not expect you to have any ethical consistency on this. Your interest in the Tenth Amendment is only in how it can serve your ideological agenda -- more situational ethics.

[Bubba]

"Your interest in the Tenth Amendment is only in how it can serve your ideological agenda -- more situational ethics."

Funny......that's the same thing his image said back to Roch as he stood in front of his mirror.

[Joe Guarino]

Roch, The DOMA was signed into law by Bill Clinton after having passed both houses with broad Democratic support.

You are correct that Republicans and conservatives have not always been consistent with regard to federalism and states' rights. I don't think DOMA was one of them. It primarily was used to prevent states from being forced to accept gay marriages from other states under the "Full Faith and Credit" clause of the Constitution. It is pretty clear that it was not the original meaning or intent of that clause to require North Carolina to recognize a gay marriage from Massachusetts. DOMA primarily assures states' rights to enforce their own marriage laws.

[Roch101]

I'm an independent, Joe. "Democrats!" has no bearing other than it allows me to find some possible agreement with you that neither party has been consistent on the concept of state's rights. Each uses it to their purposes.

[Joe Guarino]

I think the Republicans in Congress need to be much more attentive to the issue of federalism and the 10th amendment. One problem is that the nature of the legislative process sometimes requires making compromises, so you have to accept certain ground rules if you are going to have any impact on legislation. But nearly every decision made and activity undertaken by the federal government need to happen with the 10th amendment in mind. Incessantly over the last century, that has not happened.

[Everest]

"I'm an independent, Joe." - Roch 101

HA!!!!!!! Thanks Roch, I needed that laugh, it's been a tough week...now, back to counting all my gold coins and twisting my Republican mustache....

[scarson38@gmail.com]

good easter toward all. clear now why so many native coloradoans retroimmigrated soeastward- ist attempt at replying to anything on one of these devices - so thanks, be well & DTNWO