Name one thing you think IS unconstitutional because of the 10th amendment

[A18]

Name one thing you think IS unconstitutional because of the 10th amendment and the fact that federal government is not specifically given that power.

One guy told me Social Security was constitutional because of this:

Article I, Section 8.
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

One guy told me minimum wage was constitutional because of this:

Article I, Section 8.
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Yes, I laughed at that guy. And I have yet to hear anyone make an argument for why the Unborn Victims of Violence Act is constitutional, yet there was no controversy, except Roe vs. Wade (which we all know is complete trash).

[Peter]

can I name more than one:

Partial Birth Abortion Act
Social Security generally
Probably some Federal healthcare programmes
Defense of Marriage Act
Anything thats an unfunded mandate (though that needs a little more than the 10th to make it unconstitutional)

There is an interesting (and frankly devious) strech on the commerce clause that manages to make the minimum wage constitutional, when I get some time I'll post on it.

[A18]

Defense of Marriage Act

Actually, this is more of a resolution than a true law. It just means that an interpretation of the Constitution that says one state has to honor another state's same sex unions is invalid.

[Peter]

Actually, this is more of a resolution than a true law. It just means that an interpretation of the Constitution that says one state has to honor another state's same sex unions is invalid.

Considering that interpretation is wrong, then so is the resolution/law or whatever you want to call it.

Its wrong because of the Comity Clause:
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

Interestingly this never covered civil unions (i.e. the type that were administered in VT), but does cover same-sex marriage.

Though this isn't uconstitutional under the 10th amendment (more like the 2nd amendment), I'm going to add it as well:

Most of the gun laws (though there are a few that I can slip into Constitutionality)

[A18]

Yeah, faith in public acts, records, and judicial proceedings. A state cannot refuse to honor something on the basis that it was issued by another state; it can refuse to honor something.

To say anything else would be to give every state the ability to pass law for other states. A license to kill, a license to speed, a license to steal.

Those can't be denied because they're from another state. But they can be denied.

If Kansas gives someone a license to carry concealed weapons, Nebraska can certainly not honor it. But they couldn't have a Nebraska concealed weapons license and not honor his just because it's from Kansas.

Recognizing public acts, records, and judicial proceedings is not the same as giving away sovereignty to those acts, records, and proceedings.

[The Duke]

Portions of the Brady Bill (the portion requiring local law officers to establish handgun registries) is an unconstitutional commandeering of CLEOs (Chief local law enforcement officers), and was ruled so in Printz v. US.  Want a second one, Philip?

[David S]

John Ford brought up a good one about the Brady law, and I think Peter Bell is right about social security too. To that I would add Medicare, Medicaid, Welfare, Corporate Welfare, Foreign Aid and most pork programs.