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Old 05-17-2016, 11:18 AM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520

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On last Friday, Obama himself declared.... all bathrooms, showers and locker rooms in all public schools are now “transgender.”


On what authority? And then to order to punish states that do not consent....

James Madison - Federalist paper 39 & 45

“The idea of a national Government involves in it, not only an authority over the individual citizens; but an indefinite supremacy over all persons and things, so far as they are objects of lawful Government the proposed Government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects”


“The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negociation, and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State.”




This seems to be totally recognized in the 10th Amendment, which reads as:
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.


States have every right in the 10th Amendment to disregard all federal actions that violate the Constitution, just by declaring them null and void. The States do not have to wait for the Supreme Court before nullifying usurpation's of the Constitution.


Thomas Jefferson - Kentucky Resolutions:

That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy:


So, the President abuses his power the same way the government get States to go along with unconstitutional laws and decrees. They pay the States off with federal funds, so they can encroach on them in violation of the 10th Amendment.


I loved it when I heard Texas say, "Mr. President, we do not need your 20 pieces of silver"
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Old 05-17-2016, 11:21 AM
 
2,464 posts, read 1,277,969 times
Reputation: 668
Nope, the 10th Amendment wasn't broken. We have never in the history of public bathrooms had to inspect people's genitalia for them to use a restroom.
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Old 05-17-2016, 11:32 AM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520
Quote:
Originally Posted by Cliftonpdx View Post
Nope, the 10th Amendment wasn't broken. We have never in the history of public bathrooms had to inspect people's genitalia for them to use a restroom.
That is a nice picture to paint, but......
Who determines that? The federal government in a top down style of governing? Or the States, where a decision of that nature is left to the State, or the people.

I'll post it for you again.


10th Amendment, which reads as:
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.


In the separation of powers, I'm not seeing the authority given to the President much less congress, to even make this decree.
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Old 05-17-2016, 11:33 AM
Status: "Ephesians 6:12" (set 29 days ago)
 
45,067 posts, read 26,223,210 times
Reputation: 24809
Who owns the bathrooms?
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Old 05-17-2016, 11:37 AM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520
Quote:
Originally Posted by Frank DeForrest View Post
Who owns the bathrooms?

Exactly!

It is government that has made it illegal by statutory law, not to use one. It is not a right.
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Old 05-17-2016, 12:09 PM
 
2,464 posts, read 1,277,969 times
Reputation: 668
Quote:
Originally Posted by BentBow View Post
That is a nice picture to paint, but......
Who determines that? The federal government in a top down style of governing? Or the States, where a decision of that nature is left to the State, or the people.

I'll post it for you again.


10th Amendment, which reads as:
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.


In the separation of powers, I'm not seeing the authority given to the President much less congress, to even make this decree.
I believe it is covered under life, liberty, and the pursuit of happiness. So you remember any bathrooms requiring to inspect your genitalia before you were allowed to enter?

So no, the 10th amendment is not violated.
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Old 05-17-2016, 12:14 PM
 
13,675 posts, read 8,959,473 times
Reputation: 10385
We must recall that the 'pronouncement' does not have the force of law. The states and school districts are not under any legal obligation to follow the pronouncement.


However, the Obama administration has suggested that those states/school districts that do not follow the pronouncement is subject to losing Federal funds.


Yes, it is blackmail. Much like in the 1970s when the Federal government suggested that the states impose a 55 mile per hour speed limit. They did not have to, but they risked losing Federal transportation dollars.


To yammer about the Tenth Amendment is not applicable.
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Old 05-17-2016, 12:20 PM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520
Quote:
Originally Posted by Cliftonpdx View Post
I believe it is covered under life, liberty, and the pursuit of happiness. So you remember any bathrooms requiring to inspect your genitalia before you were allowed to enter?

So no, the 10th amendment is not violated.

Are you getting the Declaration of Independence, confused with the chains we the people placed upon the government in our own life, liberty, and the pursuit of happiness, called the US Constitution?
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Old 05-17-2016, 12:22 PM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520
Quote:
Originally Posted by legalsea View Post
We must recall that the 'pronouncement' does not have the force of law. The states and school districts are not under any legal obligation to follow the pronouncement.


However, the Obama administration has suggested that those states/school districts that do not follow the pronouncement is subject to losing Federal funds.


Yes, it is blackmail. Much like in the 1970s when the Federal government suggested that the states impose a 55 mile per hour speed limit. They did not have to, but they risked losing Federal transportation dollars.


To yammer about the Tenth Amendment is not applicable.

Blackmailing States over slavery, by the federal government, caused a Civil War, 150 years ago.


The pay off so the 10th Amendment could be broken.

So, the President abuses his power the same way the government get States to go along with unconstitutional laws and decrees. They pay the States off with federal funds, so they can encroach on them in violation of the 10th Amendment.


I loved it when I heard Texas say, "Mr. President, we do not need your 20 pieces of silver"
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Old 05-17-2016, 12:33 PM
 
Location: The Republic of Texas
78,866 posts, read 46,414,054 times
Reputation: 18520
Quote:
Originally Posted by Frank DeForrest View Post
Who owns the bathrooms?

Even State Constitutions, do not give the government the authority to rule but only on State gov. offices and property.
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