The issue presented was one of government's authority in a matter not specifically enumerated by the Constitution. You can deny its applicability because of whatever agenda it is your mission to push, but in reality, that does not change the central nature of McCulloch in this matter. Sorry about the date, but your sarcasm is nevertheless unwarranted.
Maryland argued rightly that the language of the 10th amendment grants the states all powers not enumerated in the constitution. But they over looked the fact that national interests are covered in other parts of that document through the power of congress.
Also, you seem to argue against yourself. To say that we need another clause to solidify the positions of the regions and the federal government. While at the same time arguing that the matter has already been interpreted by the US courts. And to imagine that this great republic would interpret it any differently, considering how closely we mirror the US system, is preposterous.
It's not preposterous at all...as this democracy is much more volitile than the one of reality! This is the Fantasy Forum, and the fun would be in seeing what this or future batches of Supreme Court Justices would do with this issue. Would they replicate the U.S. interpretation? Would a stretch of Republican electoral victories cause a reversal?
I'd just like to see the fun of partaking in the fantasy of doing so rather than conducting a debate here about real constitutional law that belongs on the reality boards. Let's pass this sucker, and refer to Clause 14 instead of Amendment X. Let's refer to the Historic nailbiting decision of
The Federalist League versus the U.A.F. instead of
McChullock. See my point?
This Amendment loses no real ground for anyone on any side of the issues. It's just (hopefully) an agreeable gameboard for the community to start from. The precedents of the American historical responses are plausible tactics to repeat. Variations off that path are just as inviting. This stuff is a good resource for issues to apply to the Fantasy Elections, and have it mean something more than "Hoorah for Liberals/Conservatives/Whatever!"
