Wednesday, April 15, 2020

Enumerated Powers


The Tenth Amendment to the U.S. Constitution gives the states sovereignty over all activities and rights not enumerated in the Constitution. One of the rights therein guaranteed was freedom of assembly (First Amendment of the Bill of Rights). Now President Trump has permitted the states to restrict this right under the extraordinary circumstance of the COVID-19 pandemic ... and the states have seized on this relaxation to grab other powers they were not allowed ... viz., restricting gun sales (and, even garden hoses for heaven’s sake) and, one could argue, even denying freedom of religion ... both based upon longstanding loopy Lefty dogma.

Now, we are, hopefully, on the downslope of this pandemic ... and many state governors feel that freedom of assembly has become one of their prerogatives. President Trump has replied, “No way, Jose. I still maintain the absolute power under the Constitution to re-impose freedom of assembly once this crisis has passed.” And, under such authority, the federal government is the determiner of when the crisis has passed.

If the Orangeman were to cave to the governors on this issue ... then, forevermore, the states might feel they could turn off and on this piece (actually, these pieces) of the Bill of Rights. I think Trump’s stated position passes Constitutional muster.

No comments: