[nfb-talk] [NFB-talk] {Disarmed} Federal law preempts blindflyers' claims over airport kiosks

T. Joseph Carter carter.tjoseph at gmail.com
Tue May 31 07:37:41 UTC 2011 

William,

I think a discussion of the 10th amendment is probably beyond the 
scope of this mailing list, so it¿s probably best we don¿t stray too 
far down that path.  I will say that probably more than the 14th 
amendment, the commerce clause is used to exceed the limitations of 
the constitution.

Our president is quoted as saying the Constitution is a document of 
"negative liberties", defining what government may not do to you.  On 
this, he is wrong.  It actually defines foremost what federal 
government is permitted to do.  The framers argued bitterly over 
whether to include the Bill of Rights.  The argument, though, was not 
about whether or not we had the rights contained within those first 
ten amendments.

On the contrary, many framers argued that the Bill of Rights was so 
obvious that it need not be specified.  After all, the Constitution 
did not give the federal government the power to infringe any of the 
rights specified in the Bill of Rights, did it?  Sagacious statesmen 
representing several of the states insisted that the guarantees be 
made quite explicit, however.  If they hadn¿t, we would likely have 
none of the freedoms the men of the revolution fought and died for 
today.

Now, the 14th amendment, that is more interesting for this list.  
 From a contextual standpoint, it introduced the notion that the 
federal Constitution bound state governments in some way.  But it 
doesn¿t quite apply the whole of the federal Constitution to state 
government.  What it does provide, as far as we should be concerned 
in the NFB, is a Constitutional basis for legislation such as the 
Americans with Disabilities Act.

It¿s also where I diverge strongly from people who want to erase the 
past hundred years or more of legislation.  They point out that the 
Americans with Disabilities Act (and the 14th amendment for that 
matter) are not in line with the intent of the framers of the 
Constitution.  Setting aside the straw man arguments that such people 
want a return of slavery, blind street musicians, gunslingers, and 
who knows what else, one must concede that they are right: The 
framers never intended anything like the 14th amendment.  But that 
fact is irrelevant.

The framers did intend for the Constitution to be amended as the 
needs of society changed.  And it was: Society needed equal 
protection for all citizens under the law.  Did the federal 
government trample all over state sovereignty rights to do it?  You 
betcha.  Was it necessary?  I think so.  Did it lead to all kinds of 
unintended consequences?  Undoubtedly.  Was it worth it in the end?  
Well, I think some pretty large segments of the population would be a 
lot worse off today without it, so probably yeah.

But the fallout of the Civil War didn¿t itself solve the problem.   
It ended the formal practice of slavery, but many of the older 
members of the black community can remember a time when they were 
treated as little better than slaves.  The same can be said of other 
so-called "races" and other minorities.  We in the Federation 
recognize today that the blind still have a long way to go if 
equality is our goal.

The fact is it took nearly a hundred years after the Civil War and 
another uprising in the form of the civil rights movement to really 
begin to create equality for people whose only difference was needing 
less sunscreen in the summer.  Given that, is it any surprise we¿ve 
still got a lot of work to do as blind people?

Learning more about history, and learning more about the bits of 
history they don¿t teach kids in school these days especially, I have 
begun to gain a new patience.  We WILL accomplish our goals in the 
Federation.  We grind on like a millstone, and we grind exceedingly 
finely.  I am not the least bit discouraged by our loss in California 
in this instance.  It just means we aren¿t done grinding this one.

The good news is that we have a few blueprints for success to look 
at.  We can hopefully avoid the mistakes and pyrrhic victories of 
others.  It¿s going to be a long, hard fight to be sure.  But we know 
we can win, and we know how to make sure it doesn¿t take us another 
hundred years.  *grin*

Joseph

On Sun, May 29, 2011 at 02:24:14PM -0400, Wm. Ritchhart wrote:
>Joseph,
>
>I think you are correct in stating it has been weakened.  When the court has over ridden the 10th amendment, they usually site the 14th amendment as their Constitutional support for doing so.  The 10th amendment was used frequently by the southern states to justify their laws that kept the few freedmen living in southern states in a state of near slavery before the civil war.  It was also used by some to justify anti-labor laws.  The real Constitutional power to fight discrimination exists in the 14th amendment.  Most successful court fights were fought using that amendment.
>
>As for the Korean character set?  When I received the message back from the list it read o.k.  So I am pretty curious how it got translated into Korean.  Can you explain further?  I'd like to make sure I don't have an Outlook setting set that I am not aware of.
>
>Thanks, William
>
>-----Original Message-----
>From: nfb-talk-bounces at nfbnet.org [mailto:nfb-talk-bounces at nfbnet.org] On Behalf Of T. Joseph Carter
>Sent: Sunday, May 29, 2011 1:29 PM
>To: NFB Talk Mailing List
>Subject: Re: [nfb-talk] [NFB-talk] {Disarmed} Federal law preempts blindflyers' claims over airport kiosks
>
>For anybody else who could not read William's message because it
>appears to contain Korean characters and random garbage (somehow it
>got marked as Korean character set), I offer this translation
>obtained by outright ignoring the character set:
>
>> Chris,
>>
>> The 10th Amendment is generally ignored by Federal judges.  Once
>> the Supreme Court established the rule of Federal Supremacy over
>> the states, in most cases it became moot.  Most attorneys avoid
>> litigating with the 10th amendment because it is such a weak
>> amendment.
>>
>> Thanks, William
>
>(I'd say it has been weakened, not that it is weak.  Actually, as I
>read it, it's pretty iron-clad, but this isn't the place to argue
>whys and wherefores on that particular topic.)
>
>Joseph
>
>On Sat, May 28, 2011 at 06:49:29AM -0400, Wm. Ritchhart wrote:
>[.. Korean and garbage ..]
>
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