by David Smith

In response to “The Constitution and the Right to Privacy

The only point that I would add is that there exists a fundamental difference between the Federal Government, which these amendments limits, and the State Governments, which the 10th Amendment empowers.  Actually, ’empowers’ is not the right term because power not delegated is ‘reserved.’  That would entail that it (supposedly) never left the States in the first place!

This means that the States have the Power to engage in the topics that the author listed with no further restrictions.  This means that every single State can handle gay marriage in a different way.  This means that every single State can have restrictions on abortion and virtually every State’s statutory law can look different than every single other State.

It just means that the Federal Government cannot have any influence in these, and other topics, because, once again, Power is not delegated!

Good post, and good points.  But don’t leave out the fundamental difference in those that the Constitution limits and those that the Constitution empowers.

David Smith is gearing up for a run at the US House of Representatives.  His hot-button issue is States’ Rights. See more of his writings at his blog,

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