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Date Posted: 16:44:14 07/31/06 Mon
Author: Kellen Nebelski (TTB)
Subject: 10th amendment analysis

I was wondering if we could have a healthy conversation about the 10th amendment.

"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."

One of the differences between the beliefs of those that favor the Constitution Party and those that favor the Libertarian Party is the idea of states' rights. The states are given certain rights and that is for certain. But wouldn't the 10th amendment mean that the idea of states' rights as believed by the CP is not correct? I'm not arguing or being opinionated, but rather very curious. Am I missing something?

All powers NOT delegated to the United States (as in the federal government, right?)

And all powers NOT given to the States (individual states?)

Are reserved for the individual...

Is this analysis correct? Please write your thoughts!!!

If that analysis IS correct, then that would mean that 'letting the states decide' is not a very valid statment... But rather, it should be, 'let the individual decide.'

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