I thought Bush was the one shredding the Constitution

For the past eight years we’ve heard about Bush shredding the Constitution. Now this:

subsection 1607(b): “If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.”

This was being called the Sanford provision after Governor Sanford said he would refuse some of the money that required state law changes.

If state law does not give the state legislature the right to bypass the governor, how can Congress just change that law? Where does Congress get the power to change a state constitution?

Commerce Clause ? No

Spending Clause ? No.

Congress is simply telling the state, “We have changed your state constitution so that we give more power to the state legislature, without any pesky interference from the governor.”

This violates the Tenth Amendment.


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.

Except for Obama.

This entry was posted on Sunday, March 15th, 2009 at 1:47 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

2 Responses to “I thought Bush was the one shredding the Constitution”

  1. Brother Bradley J. Fikes, C.O.R. says:
    March 15, 2009 at 2:24 pm

    If Congressional legislation didn’t take precedence over state law, Al Gore would have been elected president.

  2. Michael Kennedy says:
    March 15, 2009 at 9:43 pm

    Actually, that was the USSC that ruled on the 14th amendment.