The Tenth Amendment, Interposition, and Western Civilization

This post from the Tenth Amendment Center outlines many of the general arguments for "states rights" or I as like to call it federalism. That is the ability of the states under the 10th amendment to check the power of the other branches of government. This is the tact that many states are using to fight Obamacare.  Most of the arguments used in this line of reasoning are often attributed to the Kentucky and Virginia Resolutions of 1798 that opposed the Alien and Sediton Acts.  Anyway, here is a short excerpt from the article and a few comments that follow:

"Throughout its history, the Supreme Court has sided with its co-partners in the federal government more times than it has the states. Relying on the Supreme Court to be an impartial player in intergovernmental disputes is like relying on your ex’s Mother to be your mediator in your divorce settlement.

Dr. Kalivas Responds

The following is a detailed response from Dr. Kalivas to the assertions of myself, Tom Van Dyke, and Dr. Gregg Frazer that when the Constitution was ratified that it "left religion to the states":

"My understanding of Article VI is there does not have to be a conflict for Article VI to be “invoked.” The relevant clause of the Article is quite specific:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

Religion Left to the States?

A good discussion broke out in the comments section under my last post American Creation: Time to Move Forward? that I should have brought up to the main page a while back but I got busy.  A commenter named David Kalivas is debating Tom Van Dyke about whether religion was left to the states in the Constitution prior to the 14th Amendment.  Below is part of the dialogue:

David stated:

"This was not a Christian document, it was a statement declaring the dissolution of a social contract with the British Crown. Referring to the DOI as a religious document is not reading it, nor focusing on the men who wrote it. Certainly, given the war had begun, there were other urgencies in mind and the major concern of the Continental Congress was to agree on dissolution and have a declaration that articulated their case against England and then get to the details of funding and waging the war. It is also interesting to note when time came for a Federal Constitution that created the legal framework for the new country,there were no references to divine providence or any such deity."