The 10th Amendment, has been effectively "dead", in SCOTUS legal thinking, for about 150 years.
Taken together, the 9th and 10th Amendments, refer to "States' Rights", but they also refer to the "Rights of the People", and, the concept of a "limited" federal government.
Here is the text of the contract:
Quote:
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Originally Posted by US Constitution
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
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
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Recently, the new "conservative court", has revived bits and pieces of the Tenth Amendment. A recent landmark case in this regard, is
Printz v United States, which has to do with a gun (registration) law, and, the decision has Scalia's name on it. Here are details (well, let's see, it won't let me post the URL 'cause I'm still a young-un, but lemme see if I can give you most of it): en.wikipedia.org/wiki/Printz_v._United_States
Obviously, the 9th and 10th, have to do with the relationship between the States, and the federal government. This ripples into "many" things. For instance, recently, a decision by Sandra Day O'Connor basically said it was "okay" for the federal government to use taxpayer money as a "club" against the States, when a State deviated from the feds' "political will".
Also, the 9th and 10th have to do with things like the feds enforcing on terminally ill little old ladies up in Oregon, or medical pot smokers here in California - in both cases, the State law, contradicts the federal law, and so, it is a clear case of the principles of the 9th and 10th Amendments, coming into play.
The question is: what is your view on States' Rights, and how do you see the 9th and 10th as being relevant (or not) in this regard?