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Tenther

From dKosopedia

The Tenther movement claims that the Tenth Amendment to the US Constitution makes government Health Care unconstitutional. This is a continuation of the pre-Civil War Nullification movement in the South claiming that the Federal Government could not interfere with slavery in any way, and the Massive Resistance movement claiming that the Civil Rights Acts and Voting Rights Act were unconstitutional.

Text of Amendment

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.

Legal Theory

The claim is that power to legislate for Health Care is not delegated to the United States by the Constitution. Opponents cite the General Welfare phrase of the Taxation and Spending Clause, and the Necessary and Proper clause.

Taxation and Spending clause

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States

Necessary and Proper clause

The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


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This page was last modified 18:35, 17 September 2009 by Edward Cherlin. Content is available under the terms of the GNU Free Documentation License.


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