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And Another Thing ...


As I think about David’s post further, while the Court repeatedly violates the Tenth Amendment, as does the rest of the federal government, I am not aware that the Court has ever directly overturned a constitutional amendment.  Indeed, I would contend it can’t.  And the Court has never said, and would never say, that its Roe decision overturns the Tenth Amendment.  Instead, it ignores the Tenth Amendment.  It would be difficult for it to ignore an amendment that explicitly places authority with the states, i.e., an affirmative statement limiting any avenue of the federal government from attacking it.