Flexing State Muscle
Since Reconstruction, the Tenth Amendment to the Constitution of the United States has been ignored. For those not familiar with it, because state rights have not been taught in school for a long time, here is the text:
“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.”
Notice that it says unless a power has been expressly delegated to Congress or expressly prohibited to the States (printing money, making treaties, et al.) then the power belongs to the States or the people. This means it is not a federal matter and no appeal to the Commerce Clause, or the Necessary and Proper Clause can change that. We must get back to the understanding that the primary concern of the Constitution, after the formation of the federal government was limitation of that government to serve the needs of the people and the states.
There are currently two states considering passage of a bill to resuscitate the Tenth Amendment. Summaries of the two bills are available here:
The federal government for too long has held sway over the states with unfunded mandates, with nonsensical laws and regulations showing little understanding or concern for local needs. This affirmation of the principles upon which this country was founded must be carried to all fifty states.




