Wednesday, May 13, 2009

Liberty is Radical – Part 4 – States Rights

The second meta-decision at issue in the Civil War was the meaning of the Constitution’s 9th & 10th Amendments.

The 9th & 10th Amendments are shown below along with a link to a copy of the entire Constitution.

http://www.usconstitution.net/const.html

Amendment 9 - Construction of Constitution.
“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.
“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 Confederate States, in defense of slavery, asserted their right to secede or withdraw from the United States of America and form a new country with laws more to their liking.

The United States invaded the Confederate States and the eventual success of the Northern invasion ended slavery – clearly a good thing. But it also ended the then universal assumption that the power of the Federal government was limited by the 9th and 10th Amendments to the US Constitution. And, that the states had the right to secede from the union they had voluntarily joined.

The balance of US history from 1865 to this day reveals a continuous growth in the powers of the Federal government and ever tightening constraints on the rights of States and of individuals.

If you don’t believe me try any one of these tests:
Carry a belt knife into the security zone of an airport.
Protest in front of an abortion clinic.
Upgrade the windows of a house in a designated “historic district”.
Drain a swamp and prepare to build a house on the land.
Refuse to rent an apartment to a homosexual couple

Though you may agree with these restrictions they are, nevertheless, restrictions of liberty. Liberty is in retreat and has been for a very long time. How long will it continue? How much liberty is enough? How much is too much?

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