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3 USAGS 2: 9th Amendment v. 10th Amendmet, et al.

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Post by AgentW Tue Apr 20, 2010 11:58 pm

What is going on here?

The Ninth Amendment to the United States Constitution stipulates that
the rights enumerated in the Constitution and in the first eight
Amendments do not preclude the existence of other rights belonging to
the people.

The Tenth Amendment to the United States Constitution stipulates that
the States retain all powers not expressly granted to the
Federal Government.

So who's getting the power? The people or the states? zOMG!
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Post by The Prez Wed Apr 21, 2010 2:31 pm

I need mod powers to change the numbering and title.
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Post by J-Mads Wed Apr 21, 2010 2:44 pm

The tenth amendment actually states "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." Powers not given to the national government are reserved either for the states or the people, not merely the states. This coincides with the ninth amendment, which similarly states that people have rights, which are related to powers but not equatable, not explicitly listed in the Constitution.

It is worth noting that 'people' does not mean what modern times would expect. 'People' means 'White protestant land owning males over age 21 with a mustache and monocle'. Anyone not fitting this description technically did not have rights besides those explicitly stated, until the 14th amendment. The 14th Amendment applies these 9th and 10th amendment rights and powers to all persons of legal age with a mustache and monocle, regardless of other status.

The 14th amendment also extends these rights to dinosaurs, provided they grow mustaches or wear a fake mustache - the Constitution only implies that having hair on the upper lip is required, it does not necessitate that it must be hair of one's own. Since dinosaurs cannot easily manage monocles, I cite precedent in Jurassic v. Park, where it was decided by Justice Goldblum that dinosaurs may substitute a top hat for the monocle.

The Constitution is vague about mustache styles, but Article 4, Section 3, states that "anyone with a handlebar mustache may vote twice in elections for the House of Representatives". Why this provision was put in the Article concerning the states, and not the legislature, is indeed confusing, but it is probably because many founders were godless men who lacked reason and mustaches, and therefore the champions of freedom had to hide the provision where lazy devil worshippers would not think to look. The 17th Amendment applies this double-vote provision to the Senate as well, and then the 28th Amendment applies this to the current one-house legislature.
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Post by The Prez Wed Apr 21, 2010 11:34 pm

Good decision, Mr. Chief Justice
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