I learned something interesting about the "State's rights" arguments the Right loves. [View all]
In one of my classes we were discussing a Supreme Court case U.S. Term Limits V. Thorton. During the discussion my professor mentioned that in his decision Justice Stevens mentioned Justice Story's commentary on the 10th Amendment in which he argued that the 10th amendment "reserves" powers to the States that they held before the Constitution, but didn't refer to powers that arose after the Constitution was ratified. Powers that did not exist before the Constitution was ratified could not be reserved since they didn't exist.
He also mentioned that this is why Romney's line about the regulation of healthcare being something that should be left up to the State's is quote "hogwash."
Anyway, I just thought it was an interesting discussion considering the Right's obsession with State's Rights.
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