buylotrogold

Further, the idea that anything that is not prohibited must be permitted is in direct contradiction of the Tenth Amendment, and would render the Tenth Amendment meaningless. Bob LeChevalier  wrote The 10th IS virtually meaningless, other than as a restatement in plain terms of basic constitutional philosophy. http://caselaw.lp.findlaw.com/data/constitution/amendment10/01.html *************************************************************************** ***** The concept of enumerated powers is a fallacious de_script_ion of the constitution, which provides powers in addition to those specifically enumerated in one section of the constitution, in some cases rather vaguely.  For example, the 14th amendment provides that Congress shall have the power to enforce said amendment.  There are no restrictions on how Congress may enforce that amendment EXCEPT that it may not violate the stated and implied rights.  So in that particular arena, amendment has eliminated enumeration of powers.  There are several other statements of Congressional power that similar override the enumerated power doctrine, some of which are in the unamended constitution.  Thus it cannot be said that the Founders consistently adopted that doctrine as fundamental to the constitution. The constitution similar enumerates specific rights in the Bill of Rights, and then adds a clause saying that there are unenumerated rights that have not been specified, in amendment 9.  Again, there is no complete and consistent and specific constitutional principle. And that is reality, thereby trumping all ideologies that attempt to state otherwise. lojbab ******************************************************************* Church state separation was embodied in the unamended Constitution. Misunderstanding begins with not understanding that. *************************************************************************** ************ The following was posted in a reply to someone one else but it helps to sum this up here as well Study Guide: Separation of Church and State - Indepth http://members.tripod.com/~candst/studygd0.htm [excerpt]   The Beginning Questioneparation of church and state, the principle, where can it be found, or can it be found in the Constitution? Answer: Directly, the unamended constitution, Article VI, Section III     but no religious test shall ever be required as a qualification to any office or public trust under the United States. Then, indirectly the entire document (unamended constitution) as a whole. (you will find tons of evidence of this in the above URLs  as well as below: *************************************************************************** *********           o Congressional Debates: Religious Amendments, 1789 http://members.tripod.com/~candst/1stdebat.htm           o James Madison And National Religion http://members.tripod.com/~candst/madnational.htm     * Establishment and Free Exercise Clauses only Reinforced Separation of Church and State.           o No Power to Congress Over Religion. The Separation Clause, Article IV Paragraph III http://members.tripod.com/~candst/art4piii.htm           o No Power to Congress over Religion: The Elastic Clause and the 1st Amendment http://members.tripod.com/~candst/nopower.htm     * Representative Thomas Tucker on Church and State http://members.tripod.com/~candst/basic2a.htm ************************************************************************** So the original principle of church state separation was embodied in the unamended constitution. That then was amended  (see definitions for amendment above) It was amended to this and for the reasons given:       Joint House/senate Language:     Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.     (establishment, free exercise, back to broad)     Accepted.     What can be said with any degree of certainty?     We do know for sure that it was to prevent the later use of the necessary and proper wording from being used as a doorway to make laws regarding religion. We know that because Madison mentions that. [ To close a real or imagined  potential loophole