The Congress does have an ace up their sleeves. After all the founding fathers were not fool enough to actually give up control to a bunch of states.
There are two very special words buried deep in the Constitution that gives Congress a rather large (having been stretched over the many years) loophole.
Reference Article 1, Section 8 Paragraph 1
Quote:
|
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
|
Did you see em whiz past you? Lemme bird-dog them for you
Quote:
|
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
|
This is what Congress bases their expansion of power over the states on. Provide for the general welfare of the United States. Wow! That is a loop hole you can drive a Type IXB through with the periscope raised!
These little golden words have been debated for years by not only constitutional scholars but also in the Judiciary. Since the 9th and 10th Amendments do not specifically address the golden words, one interpretation is that Article 1, Section 8, paragraph is still viable and trumps the amendments.
There is disagreement but so far the Judiciary seems to be leaning in favour of Article 1 on this.
Remember many of our founding fathers were slicky lawyers.
