So the Colorado A.G. is joining other states in filing suit against our soon to be signed health care behemoth. They are attacking with the 10th amendment / interstate commerce argument. Much like the various firearms freedom acts, I believe this is a waste of time.
The Congress long ago wiped their collective asses with the 10th amendment and by the time they were done it was so covered in excrement that the Supreme Court wouldn't touch it with a 10 foot pole. If a case ever won on a 10th amendment argument, it would necessarily result in the invalidating of about 3/4 of the laws passed in the last 100 years.
Good Luck to all the various states' A.G.'s. You're gonna need it.
2 years ago
Some people were saying much the same thing about the Second Amendment until recently. Who knows, things could change.
ReplyDeleteThe difference is that the Second Amendment deals with a specific enumerated right. The 10th is a catchall that tells the Feds to stay in their box and not overstep their bounds.
ReplyDeleteThe Feds have used the Commerce Clause so often and so broadly to spit on the 10th Amendment that it covers a huge variety of subjects and interests. If the 10th Amendment were truly adhered to the Federal Government would either shrink or we would have a much larger armed forces than we do today.