Comment

The Texas Taliban

504
Decatur Deb3/03/2010 12:45:08 pm PST

re: #493 lawhawk

Charles:

That’s not the same as secession, although some who propose secession cite the federal government overreach beyond the terms of the 10th as grounds to do so.

The 10th is and should be read as a limitation on federal power - and yet in the past it has often been minimized via Art 1, Sec. 8, Cl. 18, (necessary and proper) “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.”

There is a persistent (and willful) error that the provisions of Texas’ entrance to the Union includes an escape mechanism.
What Perry might be hinting at is suing the federal government on 10th Amendment grounds to prohibit the federal government from overreaching on those issues.