The American Constitutionalist

The American Constitutionalist Episode 11 – July 27, 2020

July 28, 2020
The American Constitutionalist
The American Constitutionalist Episode 11 – July 27, 2020
Chapters
The American Constitutionalist
The American Constitutionalist Episode 11 – July 27, 2020
Jul 28, 2020

9th Amendment

Some scholars claim the 9th Amendment was designed to be an affirmative protection for rights not specifically listed in the Bill of Rights. Others have argued the 9th Amendment was meant merely to state a truism:  “that all is retained which has not been surrendered.” Others (most people) have ignored this amendment entirely. The text is written this way: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” 

10th Amendment

The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so too has the problem of reconciling state and national interests as they apply to the Federal powers to tax, to police, and to regulations such as  wage and hour laws, disclosure of personal information in record-keeping systems, and laws related to strip-mining. It 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."

Jeff Tokar leads the discussion for this examination of the 9th and 10 Amendments. Cliff DeCamp and “Cousin” David Gibbs join the discussion.

Show Notes

9th Amendment

Some scholars claim the 9th Amendment was designed to be an affirmative protection for rights not specifically listed in the Bill of Rights. Others have argued the 9th Amendment was meant merely to state a truism:  “that all is retained which has not been surrendered.” Others (most people) have ignored this amendment entirely. The text is written this way: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” 

10th Amendment

The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so too has the problem of reconciling state and national interests as they apply to the Federal powers to tax, to police, and to regulations such as  wage and hour laws, disclosure of personal information in record-keeping systems, and laws related to strip-mining. It 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."

Jeff Tokar leads the discussion for this examination of the 9th and 10 Amendments. Cliff DeCamp and “Cousin” David Gibbs join the discussion.