Tuesday, June 28, 2011

Are the 9th and 10th Amendments dead?

The Ninth Amendment :The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
 And the tenth amendment: 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. 
Are not often discussed unlike the first and second amendments. A new challenge by the states seeks to reaffirm 9th and 10th amendment powers for the states. At issue is a Montana man who is planning on making guns that will only be sold in the state of Montana. Even though there will be no interstate commerce the ATF is claiming jurisdiction and has threatened the man with jail time if he doesn't comply with federal law. 
Time Magazine recently devoted its cover to the question of does the constitution still matter. Sadly they don't ever mention the 9th or 10th amendments. 

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