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Re: Bill of Rights vs. Enumerated Powers Cannoli Send a noteboard - 24/03/2017 10:56:12 AM

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Isn't there a difference between the topics within the Bill of Rights and the enumerated powers granted to the Feds and the States? That the BoR are aspects that the framers recognized as inherent to freedom? And then the enumerated powers were for order, protection, governance, and such?

~Jeordam


None of which included transportation or vehicle regulation or licensing. The Bill of Rights included the last two amendments as a cop out against the notion that not any rights that were not mentioned did not exist. The enumerated powers of the government as a specific limitation of its functions. It has no lawful power beyond what is enumerated, but the Bill of Rights is explicitly open-ended, and written as specifically forbidding certain actions of the government (Thou Shalt Not prohibit speech or exercise of religion, Thou Shalt Not infringe upon the right to keep & bear arms, Thou Shalt Not try people without a jury or legal counsel or make them confess), rather than enumerations of the rights of the people, which were presumed to be all encompassing.

At the time of the War for Independence and the Constitutional Convention, vehicles were in widespread use in America, up to and including warships, which were not included among the powers of the government to regulate. The Constitution does acknowledge the concept of privately owned warships, by authorizing letters of marque, but says nothing of their limitations or regulation.

Cannoli
“Tolerance is the virtue of the man without convictions.” GK Chesteron
Inde muagdhe Aes Sedai misain ye!
Deus Vult!
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I would agree with that.... - 23/03/2017 10:01:38 PM 379 Views
Re: Bill of Rights vs. Enumerated Powers - 24/03/2017 10:56:12 AM 440 Views
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Sounds like he was kinda boring. - 23/03/2017 09:03:18 PM 357 Views

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