Crank states' rights advocates who would prefer that the powers delegated to the federal government be construed VERY narrowly, invalidating most of the past 200+ years of federal law. They would prefer that the states retain these powers (10th Amendment), so that slavery or other state abuses could not be outlawed federally.
- A Layman's* Refutation of the Tenther Movement [More...]
- "... the Supreme Court had already ruled that the Constitution grants the federal government implied powers. In the 1819 Supreme Court case McCulloch v. Maryland, the court ruled that the "Necessary and Proper Clause" of the Constitution (Section 8, Clause 18) gave Congress powers not specifically given in the US Constitution."
- Judicial Review (2 links)
- Libertarians decry judicial review when it goes against their desires. They frequently charge that it is not an enumerated power, conveniently overlooking the fact that it can be construed as part of the Constitutional judicial power, and was discussed as such before ratification.
- Tenther movement - RationalWiki [More...]
- "In recent history, the mantra of "states' rights" has found a new suit to wear: The Tenthers. Because they take an originalist interpretation of the Constitution, they believe that any power not explicitly enumerated in the Constitution belongs to the states, and that most of existing federal law is therefore invalid."
- Tenther movement - Wikipedia [More...]
- "Despite the movement's assertions, however, the U.S. Supreme Court has interpreted the Tenth Amendment such that the Amendment does not require a narrow interpretation of the Federal Government's enumerated powers. Instead, the Tenth Amendment makes clear that the powers of the Federal Government derive from the States voluntarily surrendering part of their sovereign powers."
- The Tenther Movement: Corporate Conservatism Disguised As States’ Rights [More...]
- The tenthers may not comprehend that their benefactors are not individual states, but the corporations and banking industry that controls the narrative the tenthers are promoting.
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