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Restoring Liberty and Justice, Once and For All

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Presentation on theme: "Restoring Liberty and Justice, Once and For All"— Presentation transcript:

1 Restoring Liberty and Justice, Once and For All

2 The Tenth Amendment

3 The Tenth Amendment “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.”

4 The Tenth Amendment “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.”

5 The Tenth Amendment “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.”

6 The Tenth Amendment “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.”

7 The Tenth Amendment “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.”

8 The Tenth Amendment “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.”

9 The Tenth Amendment “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.”

10 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

11 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

12 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

13 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

14 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

15 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

16 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

17

18

19 Amendments may be proposed by: *Congress *Convention of States
Article V Amendments may be proposed by: *Congress *Convention of States

20 Article V Amendments may be proposed by: *Congress *Convention of States Proposed Amendments become valid only when ratified by (3/4ths of): *State Legislatures *State Conventions

21 Article VII

22 Article VII Article V

23 Article VII Article V

24 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

25 The Tenth Amendment 1. Is there ever a time when the States do not reserve residual powers unto themselves? Is there ever a time when the Tenth Amendment simply does not apply? Is there ever an exception to the Tenth Amendment?

26 The Tenth Amendment 1. Is there ever a time when the States do not reserve residual powers unto themselves? Is there ever a time when the Tenth Amendment simply does not apply? Is there ever an exception to the Tenth Amendment?

27 The Tenth Amendment 1. Is there ever a time when the States do not reserve residual powers unto themselves? Is there ever a time when the Tenth Amendment simply does not apply? Is there ever an exception to the Tenth Amendment?

28 Collectively 1. Is there ever a time when the States do not reserve residual powers unto themselves? NO Is there ever a time when the Tenth Amendment simply does not apply? NO Is there ever an exception to the Tenth Amendment? NO.

29 Collectively 1. Is there ever a time when the States do not reserve residual powers unto themselves? NO Is there ever a time when the Tenth Amendment simply does not apply? NO Is there ever an exception to the Tenth Amendment? NO.

30 The Tenth Amendment “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.”

31 Collective Cessions of Power
Article VII: Ratification “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

32 Article VII: Ratification Article V: Amendment
Collective Cessions of Power Article VII: Ratification Article V: Amendment

33 Collective Cessions of Power
Article VII: Ratification Article V: Amendment The States cede named powers together with ‘necessary and proper means’, but reserve all other powers.

34 Individually 1. Is there ever a time when the States do not reserve residual powers unto themselves? Is there ever a time when the Tenth Amendment simply does not apply? Is there ever an exception to the Tenth Amendment?

35 Individually 1. Is there ever a time when the States do not reserve residual powers unto themselves? Is there ever a time when the Tenth Amendment simply does not apply? Is there ever an exception to the Tenth Amendment?

36 Individually 1. Is there ever a time when the States do not reserve residual powers unto themselves? YES Is there ever a time when the Tenth Amendment simply does not apply? YES Is there ever an exception to the Tenth Amendment? YES.

37 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

38 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

39 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

40 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

41 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

42 Article I, Section 8, Clause 17
“Congress shall have Power… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

43 Article I, Section 8, Clause 17
Every State in the Union has individually ceded from its reserved powers, the remainder of its governing powers over specific tracts of land and has given this land and the governing power for that land over to Congress and the U.S. Government, for authorized federal purposes.

44 Article I, Section 8, Clause 17
Every State in the Union has individually ceded from its reserved powers, the remainder of its governing powers over specific tracts of land and has given this land and the governing power for that land over to Congress and the U.S. Government, for authorized federal purposes.

45 Article I, Section 8, Clause 17
In 1791, Maryland and Virginia ceded their reserved State powers in a specific area of land not over ten-miles square, for the future federal seat.

46 Article I, Section 8, Clause 17

47 Article I, Section 8, Clause 17
And every State in the Union has also ceded lands to Congress and the U.S. Government for “Forts, Magazines, Arsenals, dock-Yards and other needful Buildings.”

48 Article I, Section 8, Clause 17

49 Collective Cessions of Power
Article VII ratification and Article V amendment processes cede named powers and reserve all others.

50 Individual Cessions of Power
Article I cessions cede all powers except what are explicitly reserved.

51 State Cession of Power Article V Article VII Article I
All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

52 State Cession of Power None All Article V Article VII Article I
All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

53 State Cession of Power None All Article V Article VII Article I
Collective Cessions of Power Individual Cessions of Power Article V Article VII Article I All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

54 State Cession of Power None All Article V Article VII Article I
Collective Cessions of Power Individual Cessions of Power Article V Article VII Article I All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

55 State Cession of Power None All Article V Article VII Article I
Collective Cessions of Power Individual Cessions of Power Article V Article VII Article I All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

56 State Cession of Power None All Article V Article VII Article I
Collective Cessions of Power Individual Cessions of Power Article V Article VII Article I All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

57 State Cession of Power None All Article V Article VII Article I
Collective Cessions of Power Individual Cessions of Power Article V Article VII Article I All powers ceded, except what are explicitly reserved Only enumerated powers delegated, all others reserved

58 Article I, Section 8, Clause 17
Article I enclaves are tracts of land where members of Congress exercise exclusive legislation in all cases whatsoever.

59 Article I enclaves are not a State
Article I, Section 8, Clause 17 Article I enclaves are not a State

60 Article I, Section 8, Clause 17
Members of Congress are not a State Legislature, so the State Constitution does not apply to Congress.

61 Article I, Section 8, Clause 17
Members of Congress are not a State Legislature, so the State Constitution does not apply to members enacting law in federal enclaves using the power ceded them by a State.

62 Article I, Section 8, Clause 17
Constitutional prohibitions imposed upon ‘States’ do not apply in the District of Columbia because the District is not a State.

63 Article I, Section 8, Clause 17
Constitutional prohibitions imposed upon ‘States’ do not apply in the District of Columbia because the District is not a State.

64 Article I, Section 8, Clause 17
is the only constitutional clause detailing the extent of power which members of Congress may exercise in federal enclaves and it details that members may exercise ‘exclusive’ legislation there ‘in all cases whatsoever’.

65 Article I, Section 8, Clause 17
is the only constitutional clause detailing the extent of power which members of Congress may exercise in federal enclaves and it details that members may exercise ‘exclusive’ legislation there ‘in all cases whatsoever’.

66 Declaration of Independence
“the present King of Great Britain…has…(given) his Assent to their Acts of pretended Legislation…(including) declaring themselves invested with Power to legislate for us in all cases whatsoever.”

67 Declaration of Independence
“the present King of Great Britain…has…(given) his Assent to their Acts of pretended Legislation…(including) declaring themselves invested with Power to legislate for us in all cases whatsoever.”

68 Declaration of Independence
“the present King of Great Britain…has…(given) his Assent to (Parliament’s) Acts of pretended Legislation…(including) declaring themselves invested with Power to legislate for us in all cases whatsoever.”

69 Britain’s 1766 Declaratory Act
“the King’s majesty, by and with the advice and consent of…parliament…had, hath, and of right ought to have, full power and authority to make laws…of sufficient force and validity to bind the colonies and people of America…in all cases whatsoever.”

70 Britain’s 1766 Declaratory Act
“the King’s majesty, by and with the advice and consent of…parliament…had, hath, and of right ought to have, full power and authority to make laws…of sufficient force and validity to bind the colonies and people of America…in all cases whatsoever.”

71 Britain’s 1766 Declaratory Act
“the King’s majesty, by and with the advice and consent of…parliament…had, hath, and of right ought to have, full power and authority to make laws…of sufficient force and validity to bind the colonies and people of America…in all cases whatsoever.”

72 Article I, Section 8, Clause 17
is where members of Congress and government officials may ‘make it up as they go along’.

73 Chart A: Article VII

74 Chart A: Article VII Chart B: Article V

75 State Action Chart A: Article VII Chart B: Article V

76 State Action Federal Action Chart A: Article VII Chart B: Article V

77 State Action Federal Action Chart A: Article VII Chart B: Article V

78 State Action Federal Action Chart A: Article VII Chart C: Article I:8:17 Chart B: Article V

79 Article VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

80 Chart B Chart C State Action Exclusive Federal Action
Feds may act only under the powers ceded by all States, in conformance to whole U.S. Constitution (except one clause). Exclusive Federal Action Under powers ceded by one State, apart from the U.S. Constitution but in conformance with one of its clauses.

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82 Non-Fiction Books: Fiction Novels:

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