Quote:
Originally Posted by Radar
I want to be clear. I'm not discussing immigration laws because my contention is that they are a violation of the Constitution. I'm not discussing case law because I'm not interested in someone's opinion of what the Constitution should say or what they think was implied.
I'm talking about the black and white words in the U.S. Constitution that actually PROHIBIT the federal government from creating or enforcing immigration laws. In fact it prohibits the federal government from doing about 80% of what it currently is doing.
Where you might ask can I find this miraculous part of the Constitution that puts such strict limits on the powers of federal government?
That my friend is in the 10th amendment. It was written as a catch all by the founders to make sure the government would never step beyond the bounds of what was specifically enumerated as a power of the federal government. This amendment means the federal government can have absolutely no "implied" powers.
It RESERVES anything NOT listed in the Constitution as an enumerated power of the federal government and which has not been prohibited from being a power of the states as a right of the people and a power of the states.
I highlight the word "reserved" to focus on the fact that this means it is not within the domain of the federal government to legislate anything other than laws pertaining to the specific areas in which they are granted enumerated powers.
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This discussion does in my view highlight well the difficulty of having a codified constitution. Here in the UK we have never had one, and despite that we do not seem to be any nearer absolutist rule than you (although both much nearer than one would like) - As Radar demonstrates it doesn't matter what fine words you agree if you are going to hunt Mexicans like rabbits and open Guantanamo, that extraordinary act of contempt for the rule of law.
It follows too that if the breaches of the Constitution are as widespread as he suggests - 80% - there is little point hanging on the the wreckage of the words so fixedly.
After Guantanamo it does seem you need a major reaffirmation of your national beliefs and values.