Bill of Rights Day

On December 15, 1791 the first 10 amendments to the US Constitution were adopted and became known as the “Bill of Rights”.  The first and second amendments are topics of conversation and some controversy today.  The fourth and fifth amendments are discussed often with respect to the scope and actions of the government’s surveillance activities.  There are 2 amendments that do not get much publicity and I think that this is intentional.  The Ninth and Tenth amendments are rarely discussed, but they are short and to the point:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

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.

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 -- James Madison.

I consider the foundation of the Constitution as laid on this ground that “all powers not delegated to the U.S. by the Constitution, not prohibited by it to the states, are reserved to the states or to the people” -- Thomas Jefferson.

The common belief that the Judicial Branch of the federal government is the ultimate regulator of the other 2 branches is incorrect.  The states are the ultimate arbitrator to decide if the federal government has overstepped its authority.  The individual states signed the Declaration of Independence, individual states signed peace treaties with England, and individual states ratified the Constitution.  The states preceded the federal government and therefore retain the authority to reject its unauthorized actions.

The following link is to an article about the original intention of the Tenth Amendment by Professor Kurt T. Lash:

The Original Meaning of an Omission