For a lot of kids that I'm friends with, the Bill of Rights and the Constitution are synonymous with one another. I'll admit that I couldn't tell you which article was for which branch until I started my Government class in high school. That class is required to graduate- but I imagine for a lot of kids, it goes in one ear and out the other.
Point is, the Bill of Rights is common knowledge. Everyone knows the freedoms "given" to us by the 1st amendment (I know, I know). Everyone knows about the right to "bear arms". Everyone knows- because of the Patriot Act- about the 4th amendment. Everyone knows about pleading the fifth... and so on and so forth.
But then there's that pesky 10th amendment. I suppose even without the 10th amendment, powers not enumerated to the federal government would go to the states. The Bill of Rights always confuses me. Anyway, the amendment clearly and unambiguously says that when we talk about states' rights, it's not an academic pursuit- it's the law.
Of course, states' rights pose an existential threat to the centralized welfare state. Similarly, a citizenry with the ability to defend itself with arms poses a threat to the leftist's paradise. With the 2nd amendment, the intent of the framers is just as explicit as the tenth. However, it is possible for liberals to do what they do best- they can twist the language to make it look like there's a debate where there isn't one. But with the 10th amendment, a different course of action must be taken.
Rep. Jesse Jackson Jr. (D, IL) recently broke ground on the CBC world tour. In an attempt to call a piece of long-standing legislation radical, he released a statement titled "Governor Rick Perry and the Slave Amendment." Here's a sample:
[Gov. Rick Perry] thinks that when the Preamble to the Constitution was written and it said one of the nation's purposes was to "promote the general Welfare," it didn't mean programs like Social Security - which he believes is unconstitutional. He apparently believes, as Ronald Reagan did, that the federal government is not the solution. The federal government is the problem.
Truer words or more faithful ideas could not have been attributed to Confederate President Jefferson Davis or his Vice President Alexander Hamilton Stevens [sic.]. After-all, it was the Tenth Amendment and states' rights that protected the institution of slavery. The words "slave" or "slavery" did not appear in the Constitution. The institution of slavery, the Tenth Amendment and states' rights are joined at the hip.
First of all, in a world where "promote" (as in "promote the general Welfare") means "provide," what in the word does "provide for the common defense" mean? If the two are synonymous, why is it worded the way it is now, with the two clearly separated?
As for the second paragraph, why does the Representative assume that, at the point of the Constitution's conception, an amendment ending slavery in all of the Union was a viable option? A quick survey of the events up to the Civil War will demonstrate the polarizing nature of the issue. Furthermore, the Congressman goes on to claim that the Bill of Rights does in fact make a "pro-slavery argument" (his words). I am saddened to see that such an egregious error can be spewed by a representative of my state in Washington DC.
It goes on...
But from 1870 to the present the Tenth Amendment has been used primarily to keep the Federal Government from bringing equality within and between the 50 states on such critical issues as ending unemployment, providing high quality health care (remember many states filed suit against Obamacare citing the Tenth Amendment) and education, justice, business, voting, environmental protection, housing and more.
Clearly the Representative finds the Tenth Amendment to be an obstacle in the way of the liberal agenda, and is using the issue of race- hope you're sitting down- to demagogue his way into the hearts of his constituents. It's not about race. It's about health care, Fannie and Freddie, the EPA, and the Department of Education.
The Congressional Black Caucus has spent the last week or so attempting to push conservative thought outside of the debate at this time in our nation's history. All across the country, legislators have gone in front of large, flammable crowds, and have taken the opportunity to define the term "TEA Party" as a racially motivated and malicious group. And what disgusts me is that the reason that these men and women are able to do this- virtually without consequence- is simply due to something determined before birth, completely out of their control...