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The IRS, Federal Reserve, NCLB, FEC, foreign aid, illegal immigration, NAU, UN, entitlements, and a host of other issues too lengthy to put down, all fail the test of 'constitutionality'.
The 16th amendment was NEVER properly ratified, and so were probably others.
Judicial tyranny has re-invented the Constitution. The 9th and 10th amendments tell us how to interpret it, so we should disdain any debate over 'loose' or 'strict' construction/interpretation. The 9th tells us to interpret it 'loosely' in regards to individual rights and the 10th 'strictly' in regards to federal power.
A prime example of how states and citizens have lost their sovereignty through the courts is the 1st amendment. Note that it says 'Congress shall make no law . . . (establishing religion, abridging speech, press, peaceable assembly, etc). It doesn't say 'Congress and the states' or 'Congress and the school districts' or 'Congress and businesses'.
Now, if my boss does not allow me to wear a 'Jesus loves you' button, I should not go whining to the 1st amendment, if we properly follow the Constitution. I may not like my boss, but it is his property. Similarly, if a town wants a Christmas display, that is its own business. Such issues are best left to local customs and laws.
'Uniformity is the parent of despotism.' --- Stephen A. Douglas
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