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the Feds can't do it- but states can
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Ahhh, that would ONLY work if we had only the bill of rights (1-10th), Problem is that after that the concept was pretty much shot to hell.
What about the 14th Amendment and it's "equal protection clause" ???????
Things like Article 1 section 9 are diametrically opposed to the 16th amendment.
10th Amendment and 14th don't jive either.
This is a huge point of contention amonst alot of political philosophers and legal types.
Constitution + Bill of rights = Negative rights. ie: Congress SHALL NOT .....
The rest are "positive rights" = Congress SHALL DO...
Negative rights cost you nothing, positive rights represent a redistribution of wealth and perform an integration of power in one spot.
These are the basic reasons that I think Abe Lincoln was the WORST president in this country's history -- he is the one that set the pace for a massive and abusive federal goobermint.
Lincoln, Wilson, Nixon etc. were horrible for one thing or another.