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- From: jlg@cochiti.lanl.gov (J. Giles)
- Subject: Re: The guns of roston (wa
- Message-ID: <1992Nov16.192100.3489@newshost.lanl.gov>
- Sender: news@newshost.lanl.gov
- Organization: Los Alamos National Laboratory
- References: <721037102.1@wyrm.rbbs-net.ORG> <BxLCw9.KKs@sdf.lonestar.org>
- Date: Mon, 16 Nov 1992 19:21:00 GMT
- Lines: 27
-
- In article <BxLCw9.KKs@sdf.lonestar.org>, tad@sdf.lonestar.org (Tad Dowe) writes:
- |> [...] If they uphold this ban, we will know that the
- |> Constitution is, finally, dead; shot to death by the very body which was
- |> designed to protect it.
-
- That's already happened.
-
- For example: there was a program on ME/U over the weekend (a pre-law
- tele-course). The instructor was going through the Constitution
- explaining the legal meanings and consequences (in general terms)
- of the various parts. The tenth ammendment, for example, was described
- as a limitation on states to the effect that they could have no laws or
- regulations which conflict with federal laws and/or regulations. This
- is, of course, exactly the *opposite* of the intended meaning at the
- time the constitution was written! The most important thing the tenth
- ammendment says is that the federal government has no rights or powers
- *except* those explicitly provided under the constitution. It was a
- limitation on the power of the *federal* government.
-
- There are, of course, many federal laws on the books these days which
- have no obvious constitutional justification, but the courts will never
- overturn them: 1) because they have been on the books so long as to
- make it unreasonable to change them now and 2) because the courts
- now regard the tenth ammendment as a limitation on *states* anyway.
-
- --
- J. Giles
-