Bound to fail

According to the Times a lawsuit has been filed claiming that Texas state senate bill 4 violates the 10th amendment to the United States constitution.

It makes sense that some groups are opposed to bill.  What would make even more sense is if they based their objections on an argument that they can win.

The wording of the 10th is:

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.

Evidently one of the statements in the lawsuit is “SB4 supports otherwise to wrest this autonomy from local governments…”.

The 10th does not address the autonomy of local governments.  That is done in our state constitution.

Our state government has powers over our local governments just as our feral government has powers over the various states.

The lawsuit is basically asking a court to declare that state governments have no power over local ones.  Chaos would be the result if that were to happen.

The Times did not mention this.  Maybe everyone involved should read our constitution.

We deserve better

Brutus

10 Responses to Bound to fail

  1. disturbed says:

    The Texas Standard made a big deal of that provision. For example, the State could void local laws such as Ft Stockton’s ban on plastic bags. If this is the intention of the proposed State law, it is not a good thing.

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  2. Judy Maddox says:

    They may be able to read but they do not comprehend what they read. Please do not use my tax dollar on a frivolous law suit.

    Sent from my iPhone

    >

    Like

  3. Reality Checker says:

    Rather than simply kick the El Paso Times yet again, we should ask three practical, basic questions.

    If a challenge is bound to fail on constitutional grounds, why are the county, its attorneys, and its highly paid outside attorneys wasting time and taxpayer money even considering a challenge?

    Why does the county court think it has a mandate from its constituents to challenge the state law?

    Why are Escobar and the commissioners discussing this behind closed doors rather than in public?

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  4. Anon says:

    Isn’t the GOP the party of less government control?

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    • ManintheMoon says:

      Not really but less government doesn’t mean or endorse anarchy, mob rule or some a form of local self rule above the rule of the state. Neither the state or federal constitutions allow this.This claim is pretty much what the sovereign person movement claims and has been struck down more then once in courts and has no real legal standing of substance.

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      • Anon says:

        The GOP is the very first ones to claim that there should not be interference from the federal government with states.States rights! States rights! Blah blah blah!

        Why is that any different at the state level? Why should Texas be telling the cities what to do if the Feds shouldn’t tell the states what to do?

        Do you see the philosophical knot the Right ties itself into? The exact same knot they get when they say there should be no gov interference in peoples lives, but then want to legislate what you can do with your uterus or who you can sleep with.

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        • ManintheMoon says:

          Hell by your thinking let’s just get rid of government all together and let every one do what they wish which is call anarchy. By your silly thinking the citizen could use the same position and tell the city to go to hell they have no right to tell then what to do! No it doesn’t tie the right in philosophical knots it seems to tie you in knots.

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          • Anon says:

            I bet you don’t have a uterus.

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          • ManintheMoon says:

            Anon says:
            “May 13, 2017 at 7:25 AM
            I bet you don’t have a uterus.”
            What the Hell does that have to do with the state’s rights to make laws. This is just another example of the Lunatic fringe left’s thinking and non-sense! Guess you do not have a brain!

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    • abandon hope says:

      Yes, until there’s something the GOP doesn’t like and wants government to control. Both parties want control. The far right and far left factions of both parties are the worst. Look at what the Freedom Caucus of the Republicans is doing in both the U.S. and Texas House of Representatives right now. The far right is hypocritical when they talk about less government control.

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