:|> http://faculty.ncwc.edu/toconnor/410/billofrights.htm
:|> *************************************************************
:|
:|This is not the 14th Amendment but somebody's interpretation of the 14th
:|Amendment. This is a good example of how atheists strain the meanings
:|of the amendments.

http://candst.tripod.com/14thamend.htm
:|As I've said elsewhere,

:|> ****************************************************************
:|> TENTH AMENDMENT:
:|>
:|> Article the twelfth [Amendment X] [10]
:|>
:|> 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.
:|> -----------------------------------------
:|> (1)
:|> Amendment X: RIGHTS RESERVED BY THE STATES - The usual interpretation of
:|> this amendment is that it a declaratory statement or truism (all in
:|> retained which has not been surrendered) and not an expression of any
:|> implied or inherent rights. Its purpose was political, to allay fears that
:|> the new federal government might exercise powers not granted and that the
:|> states might not be able to exercise their powers. Madison and Hamilton
:|> both agreed that there was enough elasticity elsewhere in the Constitution
:|> on federal powers that this statement of reserved state police powers could
:|> be added. Other than with a few tax cases, there has been little judicial
:|> holding on this amendment.
:|> http://faculty.ncwc.edu/toconnor/410/billofrights.htm
:|>
:|> (2)
:|> To Understand the Tenth Amendment, it is important to know that the
:|> constitution delegates, or gives, certain powers to the federal government.
:|> Most of these powers are actually enumerated, or named. . .
:|> The federal government has other powers besides those clearly
:|> listed in the Constitution. These are implied, or unstated, powers. of
:|> They cover a variety of matters. The Constitutions states that Congress
:|> shall "make all Laws which shall be necessary proper for carrying into
:|> Execution the foregoing Powers and all other Powers vested by this
:|> Constitution in the Government of the United states." This "'necessary and
:|> proper"clause (or elastic clause) gives the federal government the legal
:|> right to exercise the implied power that is connected to its clearly listed
:|> powers. For example, the federal government has the enumerated power to
:|> make laws concerning trade between states. That power has been stretched
:|> to include things not specifically listed in the Constitution such as
:|> regulating air, bus, train, and truck transportation between states. The
:|> federal government also regulates TV and radio. The issue of implied
:|> powers was first raised by Chief Justice John Marshall
:|> The Constitution also gives part of the federal government
:|> Congress-the power "to provide for the ... general welfare of the United
:|> States." Under this power, the federal government has done many things not
:|> listed in the Constitution. For example, the federal government has built
:|> dams and flood control projects. It has set up national parks. It has
:|> established a billion dollar system of social security benefits for older
:|> citizens and for the disabled and poor.
:|> The federal government also shares certain powers with the states.
:|> These concurrent, or shared, powers include setting and collecting taxes,
:|> passing criminal laws on the same matter, and spending money for-the good
:|> of the public.
:|> The Constitution also names particular things that the states may
:|> not do. For instance, states may not enter into treaties with countries.
:|> Nor may states make laws that interfere with contracts or give people
:|> titles of nobility (such as "count" or "duchess"). States are also
:|> prohibited from coining money.
:|> The states have thousands of powers. Every state creates and
:|> controls its own government and sets voting requirements for its citizens.
:|> The state controls local business, labor, and professions, as well as the
:|> ownership, use, and sale of property. The state has tremendous
:|> responsibility for looking after its citizens' health and welfare. It has
:|> the power to set and collect taxes for these purposes. Looking out for its
:|> citizens means controlling schools, hospitals, roads, and other public
:|> services. It means making laws that require vaccinations and limiting
:|> automobile exhaust fumes. It means outlawing forms of gambling and
:|> forbidding ownership of dangerous weapons. It means establishing highway
:|> speed limits and controlling the sale and use of alcoholic beverages. It
:|> can also mean forbidding the sale of soft drinks if they are in bottles or
:|> cans that aren't accepted for return.
:|> From the beginning, the states kept some of these important powers
:|> for themselves. After all, the Tenth Amendment says that all powers not
:|> given to the federal government or forbidden to the states are reserved
:|> to-that is, belong to-either the states or the people.
:|>
:|> The Preamble, or first part, of the Constitution begins with the phrase,
:|> "We the People. . ." and ends with". . . do ordain and establish this
:|> Constitution for the United States of America.," All the powers that the
:|> Constitution of the United States gives, both to the states and to the
:|> federal government, flow directly from the people.
:|> Now think about what the Tenth Amendment is really saying:
:|> All powers that are not given to the federal government or forbidden to the
:|> states belong-- either to the states or to the people. The Tenth Amendment
:|> really seems to be setting limits on the power of the federal government.
:|> Yet this is exactly what the main part of the Constitution itself does. In
:|> fact, many scholars believe that the Tenth Amendment only repeats what is
:|> said in the Constitution. If this is true, then why has the Tenth
:|> Amendment been interpreted--its meaning studied and debated--over and over
:|> again?
:|> To answer this question, compare the wording of the Tenth Amendment
:|> with these travel directions: , 'Drive 14.2 miles. Turn left just before
:|> the bridge. Continue for two blocks. Stop at the bank on your right." How
:|> detailed is the amendment compared with the travel directions? Does the
:|> amendment give an exact road map for the constitutional traveler? The
:|> answer is clearly no.
:|> Some scholars believe that those who wrote the Tenth Amendment
:|> purposely made it vague, or fuzzy. Why would they want to do that?
:|> Article 11 of the Articles of Confederation (ratified in 1781) will help
:|> to explain this. Article 11, like the Tenth Amendment that came after it,
:|> deals with the power of state governments and the federal government. But
:|> Article 11 includes a key word that is not found in the Tenth Amendment.
:|> Pay special attention -to the underlined [capitalized] word as you read the
:|> Article:
:|>
:|> Each State retains its sovereignty [power not controlled by any other
:|> power], freedom and independence, and every power, jurisdiction and right,
:|> which is not by this confederation EXPRESSLY delegated to the United
:|> States, in Congress assembled. [underlining-capitalized- added]
:|>
:|> The word expressly means " directly " or " specifically. " A sign in a
:|> restaurant that sets aside one area expressly for nonsmokers means "Keep
:|> out of this area if you wish to smoke!" A Congress that has only those
:|> powers expressly delegated to itself is also limited. It may do only those
:|> things that the Constitution actually names as its fight. It may not do
:|> anything more. The U.S. government under the Articles of Confederation was
:|> called a body without a head. It was the word expressly that had chopped
:|> the head off that national body.
:|> Those who were present at the 1787 Constitutional Convention knew
:|> how Article II of the Articles of Confederation had weakened the federal
:|> government earlier. Delegates who attended the state conventions to ratify
:|> the Constitution probably knew it, too. The word expressly didn't bother
:|> the Anti-Federalists. In fact, they pressed hard to have the word
:|> expressly included in any amendment about the "reserved powers" of the
:|> states.
:|> After the Constitutional Convention had approved the Constitution,
:|> the states held their own conventions to make decisions about ratifying it.
:|> The Federalists had tried hard to persuade state delegates to vote for the
:|> Constitution. They convinced the delegates that amendments should be
:|> decided on separately from the Constitution itself. The states therefore
:|> came up with various ideas for amendments. Massachusetts, New Hampshire,
:|> New York, South Carolina, and Virginia all wrote amendments that reserved
:|> to the states those powers not delegated to the central government. Except
:|> for Virginia, all of these states wanted the new amendment to keep for the
:|> states all powers ,"expressly " or "clearly," delegated to the federal
:|> government.
:|> On June 8, 1789, James Madison introduced the various state
:|> amendments to Congress. His wording for the "reserved powers" amendment
:|> stated: "The powers not delegated to this constitution, nor prohibited by
:|> it to the States, are reserved to the States respectively." When the Senate
:|> approved the amendment on September 7, 1789, it included the words "or to
:|> the people." Both the Senate and the House of Representatives accepted the
:|> amendment as the twelfth and last one. Then, after two other amendments
:|> were rejected, the "reserved powers" amendment moved up two places and
:|> became the tenth amendment in the list. After Congress voted to propose
:|> the ten amendments known as the Bill of Rights, it was up to the states to
:|> ratify these amendments. In 1791 the Tenth Amendment and the other nine
:|> amendments were finally ratified.
:|> Remember, the Tenth Amendment did not include the word expressly.
:|> What effect would this have on the way in which the amendment was received?
:|> As you may have guessed, it left the door wide open for different
:|> interpretations of federal powers.
:|> SOURCE OF INFORMATION: The American Heritage History of the Bill of Rights,
:|> The Tenth Amendment, Judith Adams, Silver Burdett Press. (1991) pp 31-36
:|> *******************************************************************
:|> "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."
:|>
:|> That's the Tenth Amendment. It's a cut-and-paste job of a part of the
:|> Articles of Confederation that limited the Confederation government to
:|> powers not EXPRESSLY delegated to it by the Articles. James Madison
:|> carefully knocked the word "expressly" out of the text of the amendment so
:|> that it would not prevent the federal government from exercising powers not
:|> expressly provided by the Constitution but implied by its provisions and
:|> not specifically barred.
:|> **************************************************************
:|> THE BILL OF RIGHTS & THE TENTH AMENDMENT
:|>
:|> . . . The great national debate continued unabated as the
:|> confederationalist school caused another kind of impasse, as many States
:|> made their demands for a Bill of Rights known. Many agreed to ratify the
:|> Constitution with the provision that a Bill of Rights would be attached
:|> with all due haste after its ratification. There was some that insisted
:|> that it not be ratified without it, but those who had toiled over its
:|> drafting were convincing in their protests that they were not optimistic
:|> about a second convention being successful. The first had barely escaped an
:|> impasse. So the Constitution was ratified with the understanding that a
:|> Bill of Rights would be submitted for ratification immediately afterwards.
:|> The Preamble to the Bill of Rights reflects this demand, in much softer
:|> language:
:|>
:|> "The conventions of a number of the States having at the time of their
:|> adopting the Constitution, expressed a desire, in order to prevent
:|> misconstruction or abuse of its powers, that further declaratory and
:|> restrictive clauses should be added..."
:|>
:|> Some States even went so far as to include their right to secede from the
:|> Union in their ratifying documents. This could not be easily denied,
:|> especially at the time, and it sent a clear message to the new Congress - a
:|> Bill of Rights or face the secession of States from the "more perfect
:|> union", the shortest lived union of its kind in all time. Some were opposed
:|> to creating such a Bill, but political expediency won the day and a Bill of
:|> Rights was produced that satisfied many of the demands of the
:|> confederationalist school. Of particular note was the Tenth Amendment that
:|> many States had specifically demanded:
:|>
:|> "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 Tenth Amendment is a more generally worded version of reserved rights
:|> of the State governments that is found in Article II of the Articles of
:|> Confederation. What was not included in Article II are any references to
:|> the people, which reflects what the ratifiers of the Constitution had come
:|> to believe was the nature of the new Constitutional Federalism.
:|> http://www.ktas.org/confed2.htm
:|> **********************************************************
:|> >:|You assertion doesn't make any sense at all with respect to certain
:|> >:|Jefferson writings. Jefferson clearly reflected in his writings that
:|> >:|the 1st and 10th Amendments were meant to work together to give the
:|> >:|States the power to address religious issues. Here they are again so
:|> >:|you can ignore them again:
:|>
:|> Only certain Jefferson writings?
:|> I will broaden that a bit for you
:|>
:|> JUST A TINY PORTION OF WHAT IS OUT THERE
:|> Thomas Jefferson on Separation of Church and State
:|> http://members.tripod.com/~candst/tnppage/qjeffson.htm
:|>
:|> Jefferson on Religion Flourishing on its Own Merits
:|> http://members.tripod.com/~candst/tnppage/merits.htm
:|>
:|> Jefferson wrote in his Notes on the State of Virginia: "Instead therefore
:|> of putting the Bible and Testament into the hands of the children, at an
:|> age when their judgments are not sufficiently matured for religious
:|> enquiries, their memories may here be stored with the most useful facts
:|> from Grecian, Roman, European and American history."
:|> [DID] Thomas Jefferson supported Bible reading in school; this is proven by
:|> his service as the first president of the Washington, D.C. public schools,
:|> which used the Bible and Watt's Hymns as textbooks for reading.
:|> http://members.tripod.com/~candst/tnppage/arg6.htm
:|>
:|> Another Jefferson Quote Debunked
:|> http://members.tripod.com/~candst/jefschl1.htm
:|>
:|> Jefferson, Religion, and the Public Schools.
:|> http://members.tripod.com/~candst/tnppage/jeffschl.htm
:|>
:|> Jefferson's Declaration of Independence did not use the word "Creator"
:|> http://members.tripod.com/~candst/doitj.htm
:|>
:|> Joseph Story's ongoing war with Thomas Jefferson
:|> http://candst.tripod.com/joestor3.htm
:|>
:|> 79. A Bill for the More General Diffusion of Knowledge (1778)
:|> http://members.tripod.com/~candst/jefflaw1.htm
:|>
:|> 80. A Bill for Amending the Constitution of the College of William and
:|> Mary, and Substituting More Certain Revenues for Its Support (1779)
:|> http://members.tripod.com/~candst/jefflaw2.htm
:|>
:|> 81. A Bill for Establishing a Public Library (1779)
:|> http://members.tripod.com/~candst/jefflaw3.htm
:|>
:|> [DID] Thomas Jefferson actually said that the wall of separation between
:|> church and state was "one directional."
:|> http://members.tripod.com/~candst/tnppage/arg3.htm
:|>
:|> Jefferson's Danbury letter was written merely to assure Connecticut
:|> Baptists that the Constitution did not permit the establishment of a
:|> national denomination.
:|> http://members.tripod.com/~candst/tnppage/arg12.htm
:|>
:|> Jefferson's Danbury letter was written to address the Danbury Baptists'
:|> fears that the First Amendment might be misinterpreted.
:|> http://members.tripod.com/~candst/tnppage/arg13.htm
:|>
:|> Jefferson's letter to Benjamin Rush shows that Jefferson was a
:|> non-preferentialist.
:|> http://members.tripod.com/~candst/tnppage/arg14.htm
:|>
:|> Thomas Jefferson on Religious Freedom
:|> Jefferson's Bill for Establishing Religious Freedom in the
:|> State of Virginia
:|> http://www.geocities.com/Athens/7842/rfindex.htm
:|> http://members.tripod.com/~candst/statute.htm
:|>
:|> Thomas Jefferson on Politics & Government
:|> 52. Freedom of Religion
:|> http://etext.lib.virginia.edu/jefferson/quotations/jeff1650.htm
:|>
:|> Thomas Jefferson on Religion
:|> http://www.geocities.com/CapitolHill/1777/jefferson.html
:|>
:|> THOMAS JEFFERSON ON CHRISTIANITY & RELIGION
:|> Compiled by Jim Walker
:|> http://www.nobeliefs.com/jefferson.htm
:|>
:|> Thomas Jefferson on Religion
:|> http://www.mikehersh.com/article_30.shtml
:|>
:|> Thomas Jefferson on religion
:|> http://www.worldpolicy.org/globalrights/religion/jefferson-religion.html
:|>
:|> Virginia Statute for Religious Freedom (1786)
:|> Thomas Jefferson
:|> http://www.worldpolicy.org/globalrights/religion/va-religiousfreedom.html
:|>
:|> The Real Jefferson on Religion by Robert S. Alley
:|> http://www.secularhumanism.org/library/fi/alley_18_4.html
:|>
:|> The Letters of Thomas Jefferson: 1743-1826
:|> RELIGION AND THE UNIVERSITY
:|> To Dr. Thomas Cooper Monticello, November 2, 1822
:|> DEAR SIR,
:|> http://grid.let.rug.nl/~usa/P/tj3/writings/brf/jefl270.htm
:|>
:|> The Letters of Thomas Jefferson: 1743-1826
:|> RELIGIOUS FREEDOM
:|> To Rev. Samuel Miller Washington, Jan. 23, 1808
:|> http://grid.let.rug.nl/~usa/P/tj3/writings/brf/jefl183.htm
:|>
:|> Thomas Jefferson's Letters on Liberty and Religion
:|> http://www.sullivan-county.com/identity/jeff_letters.htm
:|>
:|> Jefferson's Note on Virginia (religion)
:|> http://xroads.virginia.edu/~HYPER/JEFFERSON/ch17.html
:|>
:|> THE Jefferson Bible
:|> The Life and Morals of Jesus of Nazareth
:|> Extracted Textually from the Gospels
:|> Compiled by Thomas Jefferson
:|> Edited by Eyler Robert Coates, Sr.
:|> [a decent version, not the most accurate ]
:|> http://www.angelfire.com/co/JeffersonBible/
:|>
:|> Thomas Jefferson
:|> http://www.uua.org/uuhs/duub/articles/thomasjefferson.html
:|>
:|> Thomas Jefferson: A UU Perspective
:|> Was Jefferson a Unitarian?
:|> http://www.2think.org/tj.shtml
:|>
:|> Thomas Jefferson: The Sphere of Religion
:|> http://search.eb.com/elections/pri/Q00074.html
:|>
:|> Jefferson and Religion--Google search
:|> http://snurl.com/2pse