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[QUOTE]Originally posted by USS Vanguard: [QB] [QUOTE]Originally posted by Omega: [qb] [i]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.[/i] The Elastic Clause allows the government to pass laws necessary to carry out its existing enumerated duties and powers, not to create entirely new powers. There is no conflict. [/qb][/QUOTE] But there often is, the most famous being in McCulloch v Maryland. The problem is that who decides what is necessary and proper, Congress, the people, the states? More often than not, the answer isn't so clear. [QUOTE]Originally posted by Omega: [qb] [i]So I guess my question is, just how strictly DO You read the Constitution and the 10th Amendment?[/i] I read it exactly as it says: if the Constitution doesn't say the government can do it, the government can't do it. There's not much there to interpret.[/qb][/QUOTE] Wow, if it was as easy as that, why do we even HAVE a judicial branch? No offense, but there's a whole shite load of stuff to interpret. We as a people have been doing it since the constitution was drafted. For example, how do we interpret something like the Necessary and Proper Clause. Who says what is necessary and proper? Or how about the 1st Amendment, there are a bunch of different interpretations out there? Or what about the taxing and spending power of Congress?It says it must be for the general welfare. How do you interpret that? Is general welfare directly helping the people as a whole? What if it only helps the unemployed which in turn helps the economy? Sometimes I wish we could simply read the Constitution and find what's right, but unfortunately, like everything else, it's much more complicated. [ October 15, 2001: Message edited by: USS Vanguard ] [/QB][/QUOTE]
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