Friday, November 06, 2009

The Tenth Amendment VS. Big Government

As an avocational historian I have been predicting that the Tenth Amendment to the Constitution will be the most debated, contested and litigated legal subject of the next ten years.

Considering a Congress-critter's recent statement that he did not care about "States' Rights" and Judge Napolitano (Fox News) statement that much (Most?) of what the Congress "produces" is NOT provided for in the Constitution and, by some, considered unconstitutional as such matters should revert to the States or the People.

As a theoretical matter, are there those who will pick up this matter and fight it through the courts---After finding the "right case"? As a practical matter, what likelihood is there that such a "right case" would allow the Tenth Amendment to be brought-up-to-speed as a control on big government?

Such a victory would again make this "These United States" as opposed to the over-controlling "The United States".

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