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Posted: 1/29/2011 10:54:12 PM EDT
At the risk of sounding like an idiot, I have a simple question regarding the 10th amendment.

I'm no constitutional scholar, so I was wondering if some of you folks could help me better understand this part highlighted in red:

 "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."

I have a wild ass guess as to what it means, but I figured I'd get the input from folks who know better than me.

Thanks in advance!

Link Posted: 1/29/2011 10:55:13 PM EDT
Originally Posted By SkilletsUSMC:
At the risk of sounding like an idiot, I have a simple question regarding the 10th amendment.

I'm no constitutional scholar, so I was wondering if some of you folks could help me better understand this part highlighted in red:

 "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."

I have a wild ass guess as to what it means, but I figured I'd get the input from folks who know better than me.

Thanks in advance!



Read it as "nor powers the Constitution prohibits the states from exercising."
Link Posted: 1/29/2011 10:57:28 PM EDT
Originally Posted By SkilletsUSMC:
At the risk of sounding like an idiot, I have a simple question regarding the 10th amendment.

I'm no constitutional scholar, so I was wondering if some of you folks could help me better understand this part highlighted in red:

 "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."

I have a wild ass guess as to what it means, but I figured I'd get the input from folks who know better than me.

Thanks in advance!



Article 1, section 10 specifically lists powers which are prohibited to the states. The rest of the constitution lists powers that are delegated to the United States. Article 1, section 6, for example, lists the powers reserved to the Legislative branch. Those powers are prohibited to the states by the 10th amendment.
Link Posted: 1/29/2011 10:59:12 PM EDT
[Last Edit: 1/29/2011 10:59:25 PM EDT by Silence]
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws; and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Link Posted: 1/29/2011 11:03:52 PM EDT
Thanks.

That's what I figured, but the way it is written (specificly the words "by it" and "to the states" was confusing to to me.
Link Posted: 1/29/2011 11:36:15 PM EDT
[Last Edit: 1/29/2011 11:36:38 PM EDT by Dave_A]

Originally Posted By SkilletsUSMC:
At the risk of sounding like an idiot, I have a simple question regarding the 10th amendment.

I'm no constitutional scholar, so I was wondering if some of you folks could help me better understand this part highlighted in red:

"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."

I have a wild ass guess as to what it means, but I figured I'd get the input from folks who know better than me.

Thanks in advance!


It's a reference to the Art 1 Sec 10 powers-denial, and the restrictions of Article 6, and any other restrictions placed on the states elsewhere in the document....

Modern translation would be:

'Every power that is not granted to the federal government (or denied to the states) by the constitution, is reserved for the states, and if not claimed by the states, falls to the people'


Link Posted: 1/30/2011 12:05:06 AM EDT

Originally Posted By Dave_A:

Originally Posted By SkilletsUSMC:
At the risk of sounding like an idiot, I have a simple question regarding the 10th amendment.

I'm no constitutional scholar, so I was wondering if some of you folks could help me better understand this part highlighted in red:

"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."

I have a wild ass guess as to what it means, but I figured I'd get the input from folks who know better than me.

Thanks in advance!


It's a reference to the Art 1 Sec 10 powers-denial, and the restrictions of Article 6, and any other restrictions placed on the states elsewhere in the document....

Modern translation would be:

'Every power that is not granted to the federal government (or denied to the states) by the constitution, is reserved for the states, and if not claimed by the states, falls to the people'



Actually it would be:

Every power not expressly granted to the states will be taken and regulated by the federal government when they feel like it or when the exercising of said power may harm their control of the country and it's people.
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