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See: Ron DeSantis Is Luring Supreme Court Conservatives to Overturn Landmark Precedent Again
Note how MSN deludes its audience by identifying our Supreme Court’s subjugation of federalism and the Tenth Amendment in 2008 by its reference to “Ron DeSantis Is Luring Supreme Court Conservatives to Overturn Landmark Precedent Again”.
But the fact is, our S.C. in Kennedy v. Louisiana erroneously applied the Eight Amendment’s Cruel and Unusual Punishments Clause to state action, when it was intentionally agreed upon and ratified to prohibit federal actions. How do I know this to be true?
Because the Resolution of the First Congress Submitting Twelve Amendments to the Constitution; March 4, 1789 confirms this to be true!
“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”.
The fact is, the first ten amendments agreed to by the States were “declaratory and restrictive clauses” directed at the newly created federal government and not State governments or their actions.
Additional evidence is James Madison, speaking with reference to the adoption of these specific amendments, which confirms their adoption was to preserve and protect “federalism”, our Constitution’s big-tent system which reserves to the States and people therein, all powers not delegated to Congress. He says:
“It cannot be a secret to the gentlemen in this House, that, notwithstanding the ratification of this system of Government by eleven of the thirteen United States, in some cases unanimously, in others by large majorities; yet still there is a great number of our constituents who are dissatisfied with it; among whom are many respectable for their talents and patriotism, and respectable for the jealousy they have for their liberty, which, though mistaken in its object, is laudable in its motive. There is a great body of the people falling under this description, who at present feel much inclined to join their support to the cause of Federalism” ___See :Madison, June 8th, 1789, Amendments to the Constitution
Getting back to the Tenth Amendment and federalism, the question may arise as to what powers have been reserved to the States and people therein, and the answer to that question is found in Federalist Papers No. 45 which summarizes those powers as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
Of course, there are specific exceptions and limitations to such powers, and they are enforceable upon the states by the federal government. One such exception is the Fourteenth Amendment which prohibits State laws which make a distinction based upon race, color or previous condition of slavery, and is part of the intended purpose for adding this particular amendment, the Fourteenth Amendment, to our constitution.
The bottom line is, our corrupted media, and those who detest the protection of federalism, our Constitution’s design, and likewise have a hatred for Governor DeSantis, who i might add takes his oath to support and defend our federal Constitution seriously, are the real culprits, intent on overturning the ultimate “precedent” which is the Constitution of the United States of America.
JWK
"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void. ___ Chancellor James Kent, in his Commentaries on American Law , 1858.
