Conservatives like to talk a good game about states’s rights and local control when it comes to issues like gun laws and Obamacare, but federalism and the Constitution go right out the window on the drug issue.
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For us, it’s not about a party or person. It’s about the Constitution.
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The founding generation created a political system that carefully divided powers and that was designed to ensure the general government remained limited in its scope and power.
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Again, we see the same principle reiterated; all federal powers originated in the states. Federal authority had to be specifically delegated to it or else it didn’t have it.
DetailsThe modern debate over the meaning of the Constitution often devolves into a dueling opinions between legal experts and judges. But the true meaning of the document and the kind of government it created isn’t found in Supreme Court decrees or through interpretation based on opinion.
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The founders labored to create the best constitutional federal republic possible – but they were painfully aware that it could only survive if properly defended and maintained.
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At the Tenth Amendment Center, we know decentralization creates that environment, and one of history’s greatest libertarian thinkers also advocated our strategy more than 20 years ago.
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The powers absolutely prohibited to the states by the constitution, are, shortly, contained in article 1. section 10.
DetailsIn an important law review paper, Kurt T. Lash delved into the original meaning of the Tenth Amendment. The following is an overview of the paper, which is a must-read for anyone wanting to learn about the original meaning of the 10th Amendment.
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EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his Blackstone’s Commentaries, from which the following excerpt originates, was the major treatise on American law in the early 19th century. Lawyers arguing before the Supreme Court of the United States would frequently cite to Tucker’s Blackstone – more often than any other commentator until 1827.
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As Thomas Jefferson once said, the 10th Amendment is the foundation to the constitution.
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An essential history, from one of the leading scholars on the Founders’ Constitution.
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The Constitution. Every issue, every time. No exceptions, no excuses.
