The Tenth Amendment and the Supreme Court

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As the Tenth Amendment becomes the platform to stop an over reaching federal government, do we trust the Supreme Court to be a fair arbiter?

The Supreme Court, according to many constitutionalists, has been delinquent in its responsibility to protect the intention of the U.S. Constitution. Many past Supreme Court decisions have become bad precedent, and that bad precedent continues to be the bases for big government advocates to site as a justification for a continued trampling of state, and individual rights.

People that believe the constitution is a “living document” historically have utilized the commerce clause to feed their insatiable quest to trample individual and state’s rights. The constitutional clause under section 8 of the powers delegated to Congress simply states; “To regulate commerce with foreign Nations, and among the several States, and with the Indian tribes.”

The intention was not to be a conduit to suppress the rights and freedoms of the fifty states and their citizens. But that is exactly how the federal government gets its tentacles into places it has no right to be. If there was an intention to regulate internal state activity the word “among” would have been “within” the several states.

The constitution is a document that protects individual rights by limiting the government’s role in our lives. It is not a document that was intended to grant unlimited rights which is what has happened through these poor precedents set by past Supreme Courts.

The commerce clause was intended to insure the fairness of trade and the ease of trade; period. If the states were left to their own, it would have been thirteen different policies on trade relations with foreign nations and chaos among the thirteen original colonies which could have resulted in many disputes, including civil war.

The commerce clause became the “Holy Grail” to big government advocates and has been twisted and molded into many forms. Much of this bad precedent can be traced to the administration of FDR, another big government advocate. FDR threatened the Supreme Court to successfully get his programs passed but the more important point is; if he could threaten the Supreme Court to change their opinion, can other administrations? That is why I ask; can we ever trust a Supreme Court to side with the people and the constitution? If not; what can be done?

Governors of the fifty states need to start challenging the federal government at every turn, and the way we must do it is through the Constitution’s Tenth Amendment. But can we trust the Supreme Court to interpret the original intent or will they fall back on faulty precedent? Can the Supreme Court be unbiased in the argument to reduce the scope of the federal government they are a part of?

I am afraid that too many people don’t realize how important the Supreme Court is to our future. We could end up with two new justices which could be a blessing or disaster for our constitutional republic. We must continue to support our constitution by electing people that respect and understand how important abiding by the U.S. Constitution’s original intent is to a hopeful future. Governors need to start challenging the federal mandates but will the Supreme Court be able to judge these challenges fairly? The answer will only come as we continue our efforts to apply the constitution…