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[QUOTE]Originally posted by USS Vanguard: [QB] Omega, may I ask how it is you resolve the conflict between the 10th Amendment and the Necessary and Proper (or Elastic) Clause? You often claim the 10th to support your anti-federalist views. The 10th Amendment, as I'm sure we're all aware, says that any powers not delegated to the Federal Government are reserved to the states. The Elastic Clause however says that the government has the power to pass any laws necessary and proper for it to carry out its powers. That often means that the Federal Government creates legislature and institutions not specifically mentioned within the Constitution. They can't both be right under what appears to be your strict interpretation of the law and yet neither has been repealed. Historically, the loose interpretations of Marshall in McCulloch v. Maryland allowed for a different approach to the 10th Amendment. Since it doesn't say any powers not EXPRESSLY (man I wish I knew how to use italics) delegated to the Federal government is reserved to the states. This interpration reached its most radical form in 1937 in Carter v. Carter Coal Company in which the Supreme Court announced that the 10th Amendment was but a "truism". In other words, the 10th amendment states a rather obvious fact and has no real political power. Recently the 10th Amendment has regained some of its power, particularly under Nixon and Reagan, but it still isn't read as strictly as the pre-1930s. So I guess my question is, just how strictly DO You read the Constitution and the 10th Amendment? And if I've completely misunderstood your positions, then I apologize, for I am quite tired right now. [/QB][/QUOTE]
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