The Tenth Amendment of the United States is the amendment that could lead to the entire USA being a Utopian Country. Utopia requires a strong enumeration of rights and a government that thinks it’s their duty to protect the enumerated rights.
Americans have many rights that aren’t enumerated — such as the right to eat and breath. More generally the non-enumerated rights would be the rights to life, liberty and the pursuit of happiness. The right to life could be further defined as the right to breath, eat, have shelter, have a family, have medical help, and to have an income in order to obtain the necessities of life. The rights to liberty and the persuits of happiness would include the right to travel, read, talk, see movies, effect government, procure medical help, and to own property (including a firearm).
The framers of the constitution argued against enumerating the rights for the reason that they did not want to forget to enumerate a right and thus have future governments and courts decide that that right wasn’t allowed.
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.
The following quote is from the Cornell Law University at the following link.
http://www.law.cornell.edu/anncon/html/amdt10_user.html#amdt10_hd9
“The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.”1 “The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.”2 That this provision was not conceived to be a yardstick for measuring the powers granted to the Federal Government or reserved to the States was firmly settled by the refusal of both Houses of Congress to insert the word “expressly” before the word “delegated,”3 and was confirmed by Madison’s remarks in the course of the debate which took place while the proposed amendment was pending concerning Hamilton’s plan to establish a national bank. “Interference with the power of the States was no constitutional criterion of the power of Congress. If the power was not[p.1510]given, Congress could not exercise it; if given, they might exercise it, although it should interfere with the laws, or even the Constitutions of the States.”4 Nevertheless, for approximately a century, from the death of Marshall until 1937, the Tenth Amendment was frequently invoked to curtail powers expressly granted to Congress, notably the powers to regulate commerce, to enforce the Fourteenth Amendment, and to lay and collect taxes.
Is it possible that we are given the right to elect NO GOVERNMENT? Or that we can set up our own government? With 50,000 laws being passed each year, it would be the preference of many to start from scratch with a clean slate. As with computer programs, sometimes it’s easier to junk and old program that was built for another era and totally rewrite a new program. Ditto for buildings. Press the link to see sixteen buildings in China simultaneously demolished .
Love the post. Keep it up.