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Old 08-30-2019, 09:49 AM
Abatis is offline
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Join Date: Apr 2011
Location: Upper Bucks County, PA.
Posts: 322
Quote:
Originally Posted by QuickSilver View Post
I'm trying to understand whether you believe that America is currently under admiralty law and that government only has the right to impose only those laws to which you have given direct consent.
I'm not talking about "direct consent", I'm talking about the federal government restraining its operations (or being restrained) to just the specific powers granted to it by the Constitution. If one considers the 10th Amendment a part of the Constitution and a guide for the application of constitutional powers, what's the dispute?

Do you really consider it a contested premise that what isn't conferred to the feds by the Constitution is retained by the people or the states? I admit, the principle seems dead and buried as far as the people's rights go, in the minds of government agents and the citizens, (given your comments here), hence my comment about the degraded sense of liberty today. That the principle is being ignored for rights doesn't mean I'm wrong in principle, or wrong to argue for the principle . . .

I find it interesting that it remains a principle applied to benefit the states, as seem in the enforcement of the anti-commandeering doctrine, in a case so recent it hasn't been assigned a page number yet:

"The anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution, i.e., the decision to withhold from Congress the power to issue orders directly to the States … Conspicuously absent from the list of powers given to Congress is the power to issue direct orders to the governments of the States. The anticommandeering doctrine simply represents the recognition of this limit on congressional authority."

Murphy v. National Collegiate Athletic Association, 584 U.S. ___ (2018)

Also conspicuously absent is any power granted to define unalienable rights.

Last edited by Abatis; 08-30-2019 at 09:53 AM.