Governor Kay Ivey recently released a statement pushing back against some of President Biden’s recent vaccine mandates, calling it federal overreach. Many other state leaders and officials have also spoken out against the new mandates for similar reasons.
At the same time, Texas is also challenging federal rulings with its recent abortion ban.
While it’s easy to get caught up in the all the arguments surrounding the issues of masks, vaccines and abortion, I’ve noticed something happening.
People are starting to remind the federal government that the Tenth Amendment exists.
The Tenth Amendment to the U.S. Constitution states that “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.”
Looking back, this particular amendment has been ignored time and time again. When the Supreme Court gave its Roe v. Wade ruling, it violated the Tenth Amendment, since abortion is never listed in the Constitution as a power of the federal government. If anything, the Fifth Amendment says that no person can be deprived of life, liberty or property without due process. The Constitution never mentions the federal government having any authority over marriage, yet in 2015 the Supreme Court legalized gay marriage nationwide, even when states should hold that power according to the Tenth Amendment.
See complete story in the Journal Record.