Pubdate: Sun, 11 Mar 2007
Source: Orange County Register, The (CA)
Copyright: 2007 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Referenced: http://www.mapinc.org/drugnews/v07/n274/a07.html?324815
Author: R.L. Root

STATE POWER IS NOT AT THE FEDERAL GOVERNMENT'S WHIM

I take issue with retired Drug Enforcement Administration agent Gary 
Fouse's characterization of the Tenth Amendment. He paraphrases it as 
"any laws not covered by federal law are left to the states" ["Drug 
laws," Reader rebuttals, March 4].

This is false. The Tenth Amendment reads: "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."

Thus the Constitution provides that the states retain power not 
specifically given to the federal government by the Constitution, not 
by federal law, as this ex-DEA agent falsely alleges. If it were as 
Fouse claims, then as long as the feds pass a law in any area, there 
is no area in which the states could legislate.

Understanding the Tenth Amendment should make it easy to understand 
why it took a constitutional amendment to enact as well as end 
alcohol prohibition (18th and 21st amendments). It should also point 
out how respect for the Constitution has suffered so much erosion at 
the hands of federal agencies and the courts that permit it.

But the real problem is, why paraphrase it at all? It's short and 
simple enough that readers of this paper can understand it. That is, 
unless your arguments are only supported by your paraphrasing.

R.L. Root

Westminster
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MAP posted-by: Beth Wehrman