A SCOTUS Among UsFollow

I understand the concept of abiding by a set of rules, but when the "grey area" absorbs that much resources, it's time to simply redefine it.

Not when you're making the same argument for over a decade, with flip flop court decisions in the middle.

No, honestly. Judicial review is faster and less resource consuming.

Look at how many laws the SCotUS has found unconstitutional since our nation's founding vs how many times the Constitution has been amended.

Sure. But the power has to be granted to the federal government by the constitution. The US can't just pass a federal law and proclaim that it's now taken that power from the states. Or at least, it should not be able to do so without running afoul of the 10th amendment. So it is unconstitutional if the federal mandate cannot be tied directly to a power granted to it by the constitution.

But just to make this as clear as possible. This does not mean that "federal law trumps state law".

Unless you could show that what we'd create by starting over would have less gray areas and disagreements, I'm not sure how productive that would be. Baby's and bathwater, right?

Well, yeah. The courts' job is to address the cases put before them, not to wander the countryside looking for laws they feel are wrong.

Sure it can, that's what the 10th amendment is for. It says that if the federal government doesn't explicitly cover a power, then it's implicitly left to the states and the people. No where does it state that the Federal government can or can not seize any power.

If you want to believe Jophiel's interpretation of the 10th amendment, then you have to show where the constitution explicitly defines what power can or can not be held at what level.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, ********* dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Attorneys with the Arizona-based Alliance Defending Freedom