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Thread: 10th's "or", inclusive, or exclusive??

  1. #1

    10th's "or", inclusive, or exclusive??

    Anybody got any evidence of which way the "or" in the 10th amendment was/is intended?? Inclusive or Exclusive??
    "First they ignore you, then they laugh at you, then they fight you, then you win." - Mahatma Gandhi
    Paul Revere - "The British are coming!"
    Ron Paul - The Bankers are coming!
    "Evil People win when Good People do nothing"

    "You're asking the poor people to bail out the rich. You're asking the innocent
    people to bail out the guilty. You're asking people to just totally defy the Constitution because there's
    no place in the Constitution that says that we can do these things."



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  3. #2
    I always interpreted that one as, "The state and if they
    do nothing or don't care then the people can decide."

  4. #3
    Quote Originally Posted by slothman View Post
    I always interpreted that one as, "The state and if they
    do nothing or don't care then the people can decide."
    My preference is "to the people, or if they choose to allow it, the state..."
    "First they ignore you, then they laugh at you, then they fight you, then you win." - Mahatma Gandhi
    Paul Revere - "The British are coming!"
    Ron Paul - The Bankers are coming!
    "Evil People win when Good People do nothing"

    "You're asking the poor people to bail out the rich. You're asking the innocent
    people to bail out the guilty. You're asking people to just totally defy the Constitution because there's
    no place in the Constitution that says that we can do these things."

  5. #4
    The meaning of the 10th is simple.

    The framers clearly viewed the source of sovereignty as the people.

    Therefore, powers not delegated to the federal government are reserved to the people, unless the people have delegated that power to the state, whereby it is reserved to the state.

    The only exception to a state having a power reserved are the instances where the people expressly prohibited the powers of the states in the Constitution (i.e., originally Article I, Sec. 10, etc.).

    Not as pretty as Madison wrote it, but it means the same thing.
    "None are more hopelessly enslaved than those who falsely believe that they are free." -Göthe
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke
    "Government is a disease masquerading as its own cure." - Robert LeFevre



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