Re: lack of evolutionary pressures (was Re: An end to "court (fwd)

Forwarded message:

> Date: Sat, 23 Aug 1997 13:48:41 -0700
> From: Lucky Green <shamrock@netcom.com>
> Subject: Re: lack of evolutionary pressures (was Re: An end to "court
>   (fwd)

> So we are all in agreement:  when I mentioned Norplant briefly being a
> precondition for receiving welfare benefits, I was talking about a example
> that I recall to have occurred in a single state. [I can't remember the
> state. Anyone?] It appears you agree that States are allowed by the US
> Constitution to impose such requirements, subject to the state's own
> constitutions.

No, I would say that I at least am not in agreement.

The US Constitution doesn't allow the states anything, it DOES delineate the
duties of the federal government.

The federal government does not own the states any more than it owns the
citizens. In other words, the states don't need the federal governments
permission to carry on their day to day activities within their boundaries.

 
				ARTICLE X. 
 
	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. 
 

The problem I see with your thinking is one of heirarchy which is not what
the Constitution is about, it is about how to carry on the business of
running a democratic government that involves equals with clearly dilineated
duties for the systems and rights whose expression is outside the domain
of the systems that are the peoples exclusivly. Governments don't have rights
they have duties which they are charged with carrying out according to
their charter.

People need to understand the original intent was for the state and federal
governments to be on equal footing when it comes to checks & balances. The
biggest disservice we do is thinking the 3 parts of the federal government
are all that is involved in the checks & balances. The states should always
have the opportunity to tell the feds, thanks but no thanks, within the
bounds of the state and federal constitutions.

Democracy as embodied in our Constitution is about the relationships between
equals.


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>>>>> Jim Choate writes:

JC> The US Constitution doesn't allow the states anything, it DOES
JC> delineate the duties of the federal government.

	Then what do the words "are reserved to the States
respectively" mean?  To me, it's explicitly stating that the States
have powers that the feds do (or should) not.

JC> 				ARTICLE X.

JC> 	The powers not delegated to the United States by the
JC> Constitution, nor prohibited by it to the States, are reserved to
JC> the States respectively, or to the people.

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