The forgotten part of the 10th Amendment

[Brooklyn Red Leg]

Okay,

this is a general rant so I hope the mods bear with me. I had a rather disheartening argument with a Statist this past weekend (he was a State Prosecutor and didn't take kindly to my assertion that, generally speaking, Police are scuzzy crooks every bit as bad as other crooks). Naturally, he was a 'Law & Order' type Republican. He even went so far as to claim that the SWAT team isn't used in drug busts (I had to refrain from asking him if he was either stupid or has been living under a rock for the last 20 years). When he asked why I disliked cops, I stated plainly that I am specifically referring to City & State-level Police, not County Sheriffs, and that Police are unConstitutional. Sadly, I wasn't quite able to get my thoughts out (time being pressing, among other things) and it took me until today to really nail down what I was bothered about his statements.

He said that The States have the general policing power. I assume he means via the 10th Amendment. HOWEVER, people forget that so do WE THE PEOPLE! The 10th Amendment isn't ONLY about State's Rights, it includes THE PEOPLE! Professional Police are, in point of fact, a Standing Army and I have seen no provision from Congress authorizing them (as outlined in the US Constitution).


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

As far as I am concerned, I have NEVER given up my Natural Right to act in the same manner as the Police vis-a-vis the old chestnut of 'To Protect and Serve'. I have NEVER given up my Natural Right to initiate and/or aid in resolving the investigation of a crime. I don't NEED the Police to solve homicides. I don't NEED the Police to protect my property (which they don't anyway).

We the People are the ones that have with Rights. The States only have Rights if WE agree to let them. If WE don't agree, then WE can also NULLIFY at ALL levels of government!

Please, when making arguments from the perspective of the 10th Amendment, never forget that its not JUST State's Rights!

[FrankRep]

Police are scuzzy crooks every bit as bad as other crooks

There are many great Constitutional police officers and a some bad ones. You just lost your argument. I support the local police.

[RedStripe]

Actually the "general police power" of the States, according to our legal system/theory, is not derived from the 10th Amendment or any other provision of the U.S. Constitution. The theory is that, unlike the Federal government which is a government of limited or "enumerated" powers, the states are governments of general power which are only restricted by certain provisions of the U.S. Constitution and their own constitutions.

This is, in part, based on the understanding of states as political institutions which pre-existed the Constitution (though this doesn't apply to most states), and that, as such, they "continue" to have the same power that they did before the Constitution was adopted - i.e. general police power (to do anything, really).

Welcome to the world of made-up bullshit (Constitutional law).

[Liberty_Mike]

There are many great Constitutional police officers and a some bad ones. You just lost your argument. I support the local police.

I have a feeling you have never had any sort of a run in with local police?

[Brooklyn Red Leg]

There are many great Constitutional police officers

No there are not as Police did not exist until at least 50 years after the adoption of the Constitution.


and a some bad ones.

:rolleyes:

Bet there were only 'some bad ones' among the Hessians and Redcoats.


You just lost your argument. I support the local police.

Bully for you. I refuse to support one group of government sanctioned thugs that are supposedly there to protect me against some other group of thugs.

[mczerone]

Careful, despite what the Constitution says in plain language, you can't interpret it unless you are one of nine lawyers who get to wear fancy robes and dictate that all decisions on interpretation come through them.

Especially that part about "are reserved to the States and to the People." - we can't have "the People" deciding what that means, it'd just be anarchy! :rolleyes:

[jkr]

i support Sheriffand thier deputies

YouTube - Bob Marley - I Shot The Sheriff (http://www.youtube.com/watch?v=2XiYUYcpsT4)
despite the title


get it?