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Shvoong Home>Law & Politics>Administrative Law>The Constitution Braking New Ground Summary

The Constitution Braking New Ground

Article Summary   by:DrAntolic     Original Authors: Anthony W. Antolic; Arizona Governor Jan Brewer
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The 10th Amendment of the Constitution is the most important of the original “Bill of Rights,” because it alone defines the limits of power of the American government. “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” (10th Amendment). In other words, if the authority is not clearly stated in our government charter {the U.S. Constitution}, the government has no authority to act.

Yet in today's America, we see the U.S. Constitution being trampled under foot, on a daily basis. Yet on the other hand, our government has made great strides forward in some vary important arias. Take the 13th Amendment for example, which was ratified on the 6th of December 1865 to abolish slavery in America. Although America was not desegregated until the mid 20th century, by way of the “ERA.” it was still a step in the right direction.

But in today's America, we tend to blame Emigrants for all the things that have gone wrong in America. We still have a long way to go. In the later part of the 20th century, racial hate crimes rose steadily from the 1960's on to our current days. Remember Martin Luther King, the WATS riots and Rodney King, each of these events were racially motivated. Now we make laws to make any one who dose not look like a Western European, feel unwelcome, hence Arizona's new immigration law. Such a law can only be motivated by hate.

Which brings us back to the 10th amendment. Remember, if the authority is not clearly stated in our government charter {the U.S. Constitution}, the government has no authority to act. As I have said before, the Declaration of Independence in truth is the first part of the Constitution: for the Declaration outlines all the reasons that this country was forged in the first place. This declaration of war affirms to King George that, “all men are created equal and have been endowed by their creator with certain unalienable rights” (The Declaration of Independence).

When all is said and done, the down fall of democracy is the fact that the popular idea win out, even if it is not morally correct. Our Emigrants are also protected by our constitution. The 14th Amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Yet, Arizona's new immigration law deprives any American who doesn't look like a White-man of their Civil and Constitutional rights. This happens because the law no longer requires just cause to stop an American to ask for their papers, hence racial profiling. No one should have to live like that in America. It seems we still have a long way to go.

Our country freed the slaves with the 13th Amendment, but out human nature will always try to put ourselves before others. It is this kind of selfishness that breeds hates. Don't you think that we as Americans not only should do better but are obligated to do so?

This statement is respectfully protected by the First Amendment.

Published: November 24, 2010   
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