Portrait of Jesus in middle school is UNCONSTITUTIONAL? HOW? — Page 5

Article 3 of the US Constitution:

Article 3 Section 1:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.


Article 3 Section 2:

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution ...

Article 3, Section 2 specifically states that Judicial Power of the Federal Courts have the power for cases arising under the Constitution. The power granted by the constitution is for the Federal courts to interpret cases arising under the Constitution.

TheaterDiva,you are very intolerant arent you? must be a very lonely existance if you cant open your mind to others

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you shouldnt, for instance i find you very amusing!

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if that was true theater diva you wouldn't be constantly attacking me or commenting on my posts like a stalker when I've not ever directed any to you

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Wow. So creative theaterdiva. Shocking given your history playing dopey and flounder at disneyworld .... are you now Elmo or Cookie Monster in Times Square?

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5, when I started smoking.

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No, that wasn't my argument at all. I was only arguing against what you said: that the constitution does not tell the feds what they can't do. (isn't that what you said?) It frequently tells the feds what they can't do, including in the 1st Amendment (the subject of this thread).

The 10th Amendment has nothing whatsoever to do with whether or not the Constitution tells the feds what they can't do. It simply says:

The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

I think you should be seen and not heard. Of for an ignore feature on this site.

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"The 10th Amendment has nothing whatsoever to do with whether or not the Constitution tells the feds what they can't do."

It most cedrtainly DOES. The Constitution CREATED the federal government. It DEFINES the federal government by stating SPECIFICALLY what the federal powers are. The poster I responded to said that, because something was not specifically forbidden by the Constitution, then the federal government (specifally the SCOTUS)can do it; a RIDICULOUS and utterly IGNORANT thing to say. The idea that the feds can do whatever they want as long as the Constitution does not forbid it completely negates the Constitution (to create a LIMITED federal government with DEFINED powers) and completely negates the 10th Amendment, which states that if the power is not given to the feds by the Constitution then it is a power of the states or the people. Nowhere in the Constitution does it say that if a power is not specifically forbidden by the Constitution, then the feds can do it.

Perhaps I took your comment out of context and you are taking my response out of its (perhaps misapplied) context, Mikey.

My point was simply that the Constitution frequently does tell Congress what it can not do. And the Tenth Amendment empowers the States to do what is not prohibited them by the Constitution and what is not delegated for the Feds to do instead of the States.

One should also consider the 14th Amendment which provides that States cannot abridge the rights their citizens are entitled to as citizens of the United States.

Updated On: 2/9/13 at 11:41 AM