It Is Time To Repeal the 10TH Amendment And Unify America

15th amendment

This nation’s official name is the “United” States of America, and even in the Pledge of Allegiance every school child recites daily that it is “one nation and indivisible with liberty and justice for all.” Of course that likely has never been the case throughout the country’s short history, and in the 21st Century it is probably more of a joke than any era since the Civil War. It is true that there was open rebellion and massive bloodshed as one faction that could not countenance a ‘united’ nation sought to rip the country apart, but the sentiment that engendered the Civil War is still alive and well due to one ill-advised amendment to the nation’s founding document; the 10th Amendment.

It is likely that the Founders believed an all-encompassing “law of the land” would serve to unify the nation, and given the U.S. Constitution’s longevity it worked fairly well for those willing to abide by it. However, it is no secret why conservatives have elevated the 10th Amendment above all others; they hate the idea of a “United” States they are forbidden to rule according to their twisted ideology. It is why they consider the U.S. Constitution a flawed document that has no authority because as the law of the land it is executed by the federal government.

In Article VI of the document conservatives, primarily Republicans, hate above all others, it plainly states that as a unifying document, “this Constitution and the laws of the United States shall be the supreme law of the land.” The so-called Supremacy Clause also states that “The Senators and Representatives and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution.”

Easy enough to comprehend, and yet this week it was announced that the Democratic National Committee endorsed a constitutional amendment guaranteeing all citizens the right to vote. What is curious indeed, is that there are already two Amendments devised to guarantee that all citizens, including women and people of color, have the right to vote; the 15th and 19th Amendments. So why on Earth is there a need for another Constitutional Amendment? Because states in the Confederacy, and several Confederate hopefuls, have convinced themselves that the 15th and 19th Amendments are non-existent because according to their bastardized interpretation of the Constitution, the 10th Amendment is the “supreme law of the land.” As such, they conclude that Republican-led states own the right to deny Americans the right to vote.

The 15th Amendment is abundantly clear and it has been since its ratification in 1870. It says in Section 1 that: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” The Amendment further states in  Section 2 that: “The Congress shall have power to enforce this article by appropriate legislation.” However, as long as there are Republicans in Congress they will not enforce any voting rights’ amendments any more than they will allow a new amendment guaranteeing every American the right to vote because the 10th Amendment.

It is probable that 21st Century Confederate States will argue that there is nothing in the 15th or 19th Amendments prohibiting “any state” from denying or abridging the right to vote on account of political party affiliation, but if there was no 10th Amendment, it is possible that Confederate states would cede their belief they have supremacy over the Constitution in the first place and there would be no need for a new and special amendment “guaranteeing the right to vote” yet again. Still, it must be noted that if another Amendment did succeed in guaranteeing every citizen the right to vote, Confederate states and their Confederate hopefuls would disregard it according to their allegiance and devotion to their precious 10th Amendment they regard as the Supreme Law of the Land.

Some experts claim that the only corrective for voter disenfranchisement is a new, very specific voting rights amendment. In fact, as noted here and witnessed by Americans over the past decade, if left in the hands of Confederate state legislatures, the right to vote will continue to be treated as a privilege bestowed on select, white Republican individuals based on a state legislature’s Republican majority.

It is true that there is nothing in the Fifteenth, or Nineteenth for that matter, Amendment that puts restrictions on voting rights, but since Republicans reject the Constitution according to Confederate ideology, particularly where it does not grant states supremacy over the federal government, they find any amendment they dislike in contempt and invalid. This is particularly true in theocratic states that pass legislation nullifying the 14th Amendment’s guarantee of equal rights to all citizens.

A law professor claims that enacting a Constitutional amendment “enshrining an explicit right to vote” will put the burden of proof showing that restricting legal citizens’ right to vote serves a compelling interest. However, Republicans have already committed openly that restricting voters to those supporting Republicans does serve their own compelling interest; defeating Democrats and electing Republicans. If any American believes a special “explicit right to vote” amendment will even be passed, much less ratified, or stop former Confederate states from restricting voting rights, they are seriously delusional because those confederate-types live according to the 10th Amendment; the only reasonable solution is repealing it.

If the 10th Amendment is eliminated, then the Confederate states’ “rights” to restrict voting is eliminated as well and the nation can finally exist under one law of the land. Proponents of a special voting rights amendment think it may ensure uniformity in voting standards across the nation, and although that is a valid argument, if America was “united” under a “Supreme Law of the Land,” then the need for a special voting right amendment would not exist. However, America has likely never been ‘united’ and it is more than likely it never will be as long as the 10th amendment exists.

It is worth reiterating the 10th amendment was the catalyst that ripped the republic apart leading to bloodiest war in American history and killing over three-quarters-of-a-million American citizens. Since Americans elected an African American man as their President, Republicans in Congress and especially the states have demonstrated their blatant disregard for the U.S. Constitution with assistance from Koch funding and Vatican acolytes on the High Court.

Republicans in Confederate states particularly have used the 10th Amendment as a tool to eliminate various Americans’ rights under the 14th, 15th, and 19th Amendments all while claiming their devotion to the Constitution.  The 10th Amendment, and states’ rights champions have used the 10th Amendment to deny other Americans’ civil rights, seize federal land, nullify federal legislation, and criminalize federal and state law enforcement agents enforcing legally-passed federal laws, as well as reject federal court rulings and violate long-established statutes in the United States Code. It is time to bring their lawlessness to a halt, bring order and unity to the nation, and eliminate their primary weapon to keep America fractured; eliminate the 10th Amendment.

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22 Replies to “It Is Time To Repeal the 10TH Amendment And Unify America”

  1. i say, throw out the whole thing. this country should be a parliamentary system. so that people really get represented instead of this ponzi scheme of two do nothing parties… nothing will ever fix this constitution now that the kochs have bought and paid for its prostitution.

  2. Repealing the 10th amendment would lead the U.S.to change to more of an EU style of government and lead to even more separation allowing states to completely ignore any of the constitution at will such as separation of church and state, as many already try to do. Federal supremacy is paramount to the equality we all strive for and without that supremacy many states will forgo any protection that is guaranteed by the constitution to some groups depending on how extreme that state’s legislature is at that time. Religious rights, voter’s rights, free speech etc would be in jeopardy.

  3. Just do an addendum and tie it to the second amendment, that is the only one they care about, and they don’t interpret it right.

  4. I understand that a literacy test before being allowed to vote will never be accepted by either the left or the fox news viewing right but can we at least have a saliva test first?

  5. Can anyone name the “three fourths of the several States” (38) who’s affirmation would be required to pass any proposed amendment?

    How is the Constitution amended?

    Article V of the Constitution

    The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; […]

    http://www.lexisnexis.com/constitution/amendments_howitsdone.asp

  6. Interesting but very confusing article. The apparently satirical title suggests that the author is going to make an argument for repealing the 10th Ammendment. What I found instead was a history lesson on the civil war and subsequent need for both the 15th and 19th Ammendments. OK, I think I get it. Then, by some argument I’m supposed to intuit, I find out that southern states (at least I assume that the author is talking in the present tense and not referring to the actual Confederat States of America) are trying to ignore all three Ammendments and limit people’s right to vote. Or maybe they are trying to limit people’s right to vote by invoking the 10th Amendment, I’m not really sure. Oh, and Republicans (who are apparently now part of the Democrat founded Confederacy) are citing the 10th Ammendment to ignore all sorts of laws. I’m also supposed to believe this argument based on taking the author’s word for it. Can someone please explain what I’m missing here?

  7. In framing the Constitution and its amendments, our founders acted on the assumption that those enacting, enforcing, and interpreting our laws would be good and decent people who would put the interests of the nation and its people above personal enrichment or partisan interest.

    The fact is that if a majority of the U.S. Congress enacted legislation to strip a segment of our population of its voting rights, aided and abetted by a President who went along with them and a 5-4 majority of the Supreme Court who decided such a law was constitutional, then it would be the law of the land.

    Sadly, the modern-day Republican party has repeatedly demonstrated that it is not possessed of sufficient decency and good will to put the rights of the people as average Americans above its own selfish interests.

  8. The Congress didn’t pass any legislation to strip voting rights, it was the SCOTUS that stripped certain enforcement from the Voting rights act. Now Congress hasn’t done anything about it but to blame them and or the President is just not true

  9. Congress hasn’t represented the American people since the 80’s and the birth of “Vodoo Economics” more commonly known as trickle down economics.

    By studying history I see a striking parallel between the causes of the American Revolution against the British and the causes of today which some say will cause another Revolution. We have the tools to take back our country from the Corporatists, it’s called our vote.

    For those interested in studying the American Revolution – here’s one source that I have used http://www.revolutionary-war.net/causes-of-the-american-revolution.html – this source combined with others should show the parallel.

  10. Sorry to tell ya, but we can’t even agree on climate change. What makes you think we could ever come up with a new constitution that all states would ratify?

    I want to know when repubs are going to get that their religion is not our government? They disgust me on oh so many levels.

  11. Good luck trying to repeal the 10th Amendment—or passing any amendment for that matter. In addition to repealing the 10th we need to repeal the 2nd. An amendment guaranteeing the right to vote and an amendment overriding the Supreme Court rulings making corporations citizens and money speech are also needed since we are dreaming.

  12. I can’t understand why the article was written. There is no way you are going to get thirty eight states to agree on anything. The smartest thing our founding fathers did was to make each state equal. Wyoming has the same vote as california when trying to change the constitution. So you see it was a dumb article.

  13. So a state that has less population than Tulsa should have equal voice than California that has over 40 million? Not to mention Wyoming has a higher percentage of homeschooled sheep fukers

  14. First our pledge is not “one nation and indivisible with liberty and justice for all.”
    Its “one nation under God indivisible with liberty and justice for all.”
    That is the official version of the US flag code as of 1954. Before that there was no “under god” and there has never been “and”. It was ” one nation indivisible”
    Second, the 10th amendment give us the right to self govern. That is one of our basic rights in this country. Without it you will have no need for a state legislature.
    We may as well do away with state lines also.

  15. There is no absolute right to vote in the Constitution, only specific reasons it cannot be denied. That is not the 10th amendment’s fault, however. It lies in the provisions for giving US House franchise the same as “the most numerous branch of the state legislature”, which was also the standard used by the 17th amendment to directly elect Senators, thus allowing states to determine qualifications. There is no right at all to vote for President as the Constitution says electors and be chosen by each state in any manner the legislature thereof may direct.

  16. We may as well do away with state lines also.
    ———————————–
    Hey don’t knock it. Draw congressional districts on the census population and then you would truly get representive government

  17. Instead of an insult.
    What I gained was this, there is no law preventing a state from passing voting laws that say ” If your a democrat you cant vote.” or “we require photo ID to vote.” Or any law for that matter that doesn’t go against the constitutional powers of the US government. And the repeal of the 10th will take away states rights, which led to the civil war.
    My opinion if you don’t like the state you live in, move. That’s why I don’t live in Louisiana any more.

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