||The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
||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 most neglected articles in the Bill of Rights.
The Constitution of the United States of America does just two things:
- It created the Federal Government of the United States;
- It delegated from the states to the Federal Government certain, limited powers.
Simply put, the states created the Federal Government and are its "boss". The states created the rules for the operation of the Federal Government. That's what the Constitution is — a list of rules for how the Federal Government should operate. If there's any question about what the rules mean, who should decide? Should the Federal Government be able to interpret the rules (the Constitution) any way it wants to? Or should the "boss" decide what the rules mean?
Amendment X of the Constitution says that any powers not specifically delegated to the Federal Government in the Constitution remain states' powers (unless the Constitution prohibits the states from exercising those powers) Such powers are known as "Reserved Powers" because they "... are reserved to the States respectively, or to the people."
The states did not grant to the Federal Government the power to settle questions of Constitutionality — determine what the Constitution means when there are doubts as to its meaning or how it applies to a particular situation. Yet the Supreme Court routinely makes pronouncements about what the Constitution means even though this power was not one granted to the Supreme Court, or any other branch of the Federal Government.
Because the States did not delegate this power to the Federal Government in the Constitution, and because the Constitution does not prohibit the states from exercising this power, it is rightly a Reserved Power of the states. The states' governments, unfortunately, don't seem to understand this.
Please visit Constitutionality.us to learn what you can do to regain your, and your state's, rights.