Quote:
Originally Posted by zplapplap
This is a good example of bullying by Congress. Of course, Congress didn't act beyond their mandated powers here either. They simply used the power of the purse to deny federal highway funds to states that refused to change the drinking age to 21. The drinking age issue remains in control of the state legislatures. Any state could revert back to 18... if they can afford it 
I agree with the larger point you are making regarding the federal government (though I am not a states-rights guy when it comes to civil liberties). I think the best examples of your point about the trampling of the 10th amendment generally involve the Interstate Commerce Clause as a means of intrusion. |
Yep, when your charter is pretty much customs, immigration, national defense, foreign alliances/treaties, posts, interstate commerce oversight etc, etc, you really use that interstate commerce clause to ride roughshod over the individual states. The badgering by Congress in areas, without its jurisdiction (21 year old drinking, 55 MPH speed limit, motorcycle helmet law etc), using the purse strings as a prod particularly as it applied to federal highway funds, is far beyond the scope of power outlined in the Constitution for the Federal Government. The big 10th again. In the case of federally mandated motorcycle helmet laws, good for the populace in forcing the elected reps to rethink and overcome the DOT desired Federal dictate, despite the threat by the Feds to withhold highway funds.
The whole Interstate Commerce Clause has been misused so often that its once mighty redwood stature should now have been reduced to a toothpick, eh?
But if I were to be so loose and free with my compliance with Federal Tax laws. . .jail time!!!