Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Wednesday, April 15, 2020
TENTH AMENDMENT DILEMMAS
TENTH AMENDMENT DILEMMAS
Constitution of United States of America 1789 (rev. 1992):
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 United States Constitution created the government of the United States of America and empowered it. The Constitution also prohibits certain powers to the States. Any powers that are not prohibited to the states by the Constitution, are “reserved” to the States or the people.
That sounds clear enough. But application to facts is ever the bugaboo in space & time. Right now, for example, power to reopen trade and commerce in the United States is at issue, in the wake of the worldwide covid pandemic.
To know what “powers” are “reserved,”to the respective States, or to the people , one must first know what is “prohibited” to the States by the Constitution. States preexist powers, as the people preexisted the States. Powers prohibited to the States are those ceded to the United States of America , but no more.
The people exist locally, and empower States. But States represent the combined localities. States’ delegates wrote the United States Constitution and by its provisions ceded powers to the government of the United States. The Constitution governs the union.
But words on paper are not deeds. Actions speak louder than words. Doubtless this reopening matter will be resolved by deeds.