Re: The Science Generations, II

["Mark M." <markm@voicenet.com>]

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On Mon, 17 Feb 1997, Jeremiah A Blatz wrote:

> You neglect things like the interstate commerce provision, which means
> that if it crosses state lines, the feds can regualte it. In addition,
> the court (in its infinite wisdom), decided that "the people" meant
> the states, then the people. So, as long as it isn't meantioned in the
> constitution, the states can do whatever they want.

The 10th amendment states:
"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."

This sounds pretty clear to me.

Theoretically, the states can do whatever they want as long as they don't
infringe on the rights of the people.  The 9th amendment protects all rights
not explicitly stated in the constitution.  The 5th and 14th amendments both
protect people from losing life, liberty, or property without due process.  I
believe that the 14th was used as justification for Roe vs. Wade, since the
court decided that abortion is a liberty and any law forbidding it deprives a
woman of liberty without due process.

Of course, in practice, we know that the situation is much different...


Mark
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