Good Cases to Try Under the 10th Amendment

I am an unabashed “Tenther” — that is I believe that many of the subject matters decided by the Supreme Court of the United States (SCOTUS) more properly belong to the states.
The 10th Amendment to the US Constitution is the last of the Bill of Rights, and is regularly ignored by both liberal and conservative members if SCOTUS.
The 10th is quite short, and easily understood:
“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.”
The reason for ignoring this very important Constitutional REQUIREMENT is simple: There are very few enumerated powers of the Federal government, but the Feds have usurped the powers of the states, and do not wish to give them back.
Power is a very strong and useful tool, and since those who aspire to public office are often driven by the search for power, they collect it without wishing to distribute it.
If the SCOTUS were to start ruling that there were subjects not addressed in the US Constitution that therefore belonged in the states, that would cause people to examine what other rulings of the SCOTUS need to be re-examined under the 10th Amendment.
One of the subjects that could trigger a 10th Amendment examination is the Bundy/BLM kerfuffle in Nevada, and the BLM next planned seizure of land in Texas. The Bundy situation has been roiled by some intemperate remarks by Bundy, but the issues on the ground are clear, and either Texas or Nevada or both could make a good case that the BLM has no right to hold land it has not  put into permanent environmental parks, in perpetuity.
The US Government owns 28% of all the land in the US, but almost none in the political power base on the East Coast. In just Nevada alone, the US Federal Government owns more land than the entire land of the New England states!
The Nevada Governor is Brian Sandoval, who was a US federal District Judge and that may be a  good reason that the BLM backed off the Bundy situation. The administration knows that the BLM is overreaching its authority, and they know the Governor knows! Any legal action in opposition to the BLM seizure may take several years, by which time the Governor would be a fine person to bring up the 10th Amendment argument before SCOTUS.
By the time the Texas and Nevada cases appears before SCOTUS, one does not know but the current Texas Governor, Rick Perry, may hold higher office in the federal government. Under any situation, you can be assured that the BLM would do well not to further stir a hornets nest in Texas.
Texas is always looking for a fight! 

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: