Wednesday, February 25, 2015

Why is the 10th Amendment to the US Constitution violated so much?

This seems to be a rather slanted question, assuming that the Tenth Amendment of the United States Constitution is violated almost routinely.  There are many who disagree with that assumption, including me.  Often, the federal government undertakes legislation or regulation in a way in which many people do not understand is perfectly in keeping with its enumerated powers.  For example, the interstate highway system is within Congress's purview because it is an important element of national defense.  If troops cannot be moved efficiently, they are completely ineffective.  Another example is the minimum wage.  I hear people complain that is unconstitutional sometimes.  But in fact, setting the minimum wage is part of interstate commerce.  Much anti-discrimination legislation is in the power explicitly given to Congress under the Fourteenth Amendment.  The enumerated powers of the federal government are broad mandates that include a great deal more power than people realize. Even though education is not listed as a congressional mandate, there is an argument to be made that education is part of national security and commerce as well.  Without an educated workforce, we cannot properly defend ourselves or compete in a global economy.  When the federal government does overreach and violates the Tenth Amendment, the Supreme Court is there to deal with that, and thus far, most of the instances that I hear people complaining have been upheld as perfectly proper within the confines of the Constitution.
 

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