MattTheSkywalker said:
what you are saying is: "States are not completely sovereign, because the [federal] government restricts them.
that's precisely right, and Matt, perhaps you ought to consider a course in logic. The definition of sovereign according to the American Heritage Dictionary is: one that exercises supreme power, permanent authority, especially in a nation or other governmental unit. Now, this definition would naturally allow an entity to NOT be sovereign in several ways. For example, an entity might not be sovereign because it is restricted by a ruler, restricted by a theocracy, restricted by a monarchy, or restricted by the powers of a broad representative body/Congress. Thus, there are a mulitude of ways in which an entity is not sovereign. Being restricted by the broader powers of a Democratic form of government is just one of them, and it is this definition that applies to our present discussion.
States are not completely sovereign because the federal government restricts them in a multitude of ways---through the Commerce Clause, through the taxing power, etc. My earlier statement would only be circular if there was only one way that an entity could not be sovereign---which just isn't the case. Nevertheless onto more important issues.
MattTheSkywalker said:
Explain where that can be found in the Constitution. Further, where is the ACLU in defense of the 10th Amendment, the one most egregiously violated by the federal government?
The 10th Amendment only states that the powers not delegated to the United States by the Constitution are reserved to the States. Therefore, states basically get what the United States Supreme Court and Congress deem do not belong to the federal government. Of course, there are traditional areas that have always been left to the states such as matters of divorce, the family, safety/crime, and healthcare issues. But, the Federal government through the Commerce Clause has managed to intrude into those areas as well. Example: The Supreme Court has invalidated many state safety laws (an area traditionally afforded to the states but not longer because of its impact on intestate commerce). In short, it's not very difficult for Congress to encroach on states rights so long as it can find a sufficient nexus between the interest at play and its effect on interstate commerce----which is very easy to do. So to say that states are sovereign in theory is correct, but in actuality it is just simply not the case.
MattTheSkywalker said:
In other news...There are no necessary restrictions to the first amendment,as you claimed. Speech and expression by itself is harmless. Restriction of any speech is the first step toward tyranny.
Of course, there are many restrictions on the First Amendment. For instance, schools have every right to limit a student's first amendment speech if that speech creates a "material disruption", and local communities have the constitutional right to limit obscenity from being sold (sexually oriented speech) if a community finds that it is not in accordance with its standards. The list goes on; I could cite many other examples, but time limits me.