Re:The Government’s Addiction to ‘Secret Law’
by tptacek on Wednesday October 19, 2016 @02:10PM
(#12746191)
If you concede that a search incident to arrest requires no warrant, you've already conceded the argument that the Constitution doesn't require warrants for all searches (which is good, because it clearly doesn't), and we can move on.
Regarding your second point: the change was not "states" vs. "people and the states". The change was whether the rights referred to were solely those expressed in the Constitution, or something broader. Broader won. This is an argument you are going to need to take up with the authors of the Constitution, because they do not agree with you.
Yes, I agree that the states were not delegated all powers not expressly delegated by the constitution, but "the people and the states" were. I have never heard a better explanation for the 10th amendment than to say that it was restating the enumerated powers doctrine (though I cannot recall where I first heard that explanation). If you have a better explanation of the 10th amendment, I am very interested to learn what it is.