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valentine tuesday's avatar

somebody said KAC is only 47. i could confirm it but that would feel like i care. i'd rather be fucking shocked that anyone could be 47 and look that ... rough.

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Nine's avatar

OK, here's the answer: not all of the Bill of Rights is intended to limit the Federal government.

In particular, the 2nd is there to defend the government, not restrict it. Says so right in the words that the right insists were just the authors rambling about how awesome guns are and not relevant. Gotta say this for the authors, though: they rambled with great efficiency. Very low word count.It wasn't "the left" that rendered the 2nd meaningless as a check on the government, it was the Founding Fathers.

The 10th is a disaster. I get a picture in my mind of one too many debates coming up for the Founders. Sheer exhaustion. One of them just saying "fuck it, we can't put everything in there" and writing a sloppy "etc." just to get to the pub before closing time.

The "...States respectively, or to the people" bit makes things very muddy. "The People" and "State" are often opposing sides. The Feds would have to defer either to the People or the State, not both. Some would say the Feds just need to stay out of those cases, but in practice that means always siding with the State against the People.And even if you take that interpretation, it is SO easy to get past. For one thing, even in the most clear-cut case to date, the criminalization of alcohol, all it took was an amendment to get past the 10th. Usually, it is much easier to just declare everything as interstate commerce. Economically, we do interstate commerce on pretty much every transaction. I was going to say "except a massage," but if the customer pays with a credit card or a check drawn on a bank that has branches in more than one state, that's interstate commerce too.And if they don't want to do that, the Feds can always just use economic coercion like they did with the 21 year old drinking age in the 1970's.

The 10th was rendered "meaningless" (actually more like "usually not applicable," because is still does come up) as a check on Federal power by a whole lot of people, not just "the left." I'm not about to do a massive study on it -or debate it- but I strongly suspect that most weakening of the 10th amendment (other than the slave thing) has been to allow somebody to sell something to the Feds rather than for either Left or Right reasons.

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