IMHO, unlike Montana, Texas, AZ, and a handful of other states, ILL will never assert it's states rights...Question for TomB as well, where does the enumeration of powers with the Fed stop, and the States Rights & Constitution, i.e. 10th Amend. start?
Doesn't it say any power NOT specified by the Constitution, shall be deferred back to the states?
I know Daley won't step up, but if brought to court again,.....would the case have merit?
10th 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.
I tend to feel those powers are retained by The People unless they are given to the state in it's constitution.
The exceptions being, in my opinion, that the state cannot be constitutionally given powers to withhold rights protected by the Federal Constitution.
Further, the 9th Amendment states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Therefore, just because a right isn't specifically listed in the Constitution does not mean it is not a right of The People. The Founding Fathers would not have condoned The People needing the permission of any level of government to ride or use a horse, buggy carriage or buckboard.
The Right, not a privilege as some might say, to drive is a good example. While it is not an enumerated right,