10th Amendment? What’s that?

In case you are as confused as President Obama seems to be on what the 10th Amendment is. Here is the text of it.

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.

December of last year, 3 days after Christmas in fact, I wrote a post about Voter Fraud and Voter ID laws for elections.

Texas recently passed a law that would require the use of a photo ID to vote in their state. One would tend to think that this would be a state issue, that the federal government would stay out of. There is nothing in the constitution (or any law or amendment passed since) that I have found that allows the federal government to interfere in voting laws such as this. (While the Civil Rights act of 1964 and Voting Rights Act of 1965 do restrict racial restrictions on voting, this law does not prevent voting based on race or any other inherent quality, such as race, age, wealth or intelligence.*)

But to the current DoJ and the current President, things like the 10th amendment and the constitution are less rules and more guidelines. So they decided that Texas’ new law will put an undue burden on Hispanic people in Texas, because they are disproportionately more likely to not have (or be able to get) a photo ID.

The Justice Department said that data from Texas showed that almost 11 percent of Hispanic voters, or more than 300,000, did not have a driver’s license or state-issued identification card, and that plans to mitigate those concerns were incomplete.

“Hispanic registered voters are more than twice as likely as non-Hispanic registered voters to lack such identification,” Assistant Attorney General Thomas Perez, head of the department’s civil rights division, said in a letter outlining the objection to the Texas director of elections.


And so they are blocking Texas from instituting the law, similar to the actions taken against South Carolina in December of last year.

So why is it that so many Hispanic voters don’t have or can’t get a photo ID that allows them to vote?

Hispanic registered voters in Texas are 47 percent to 120 percent more likely to lack the required identification than non-Hispanic voters, the Justice Department said in its letter. Texas has 12.9 million registered voters of whom 2.81 million are Hispanic.

Business Week

I mean, you need a State ID or passport to buy alcohol, get a library card, buy cigarettes, or buy a gun…and this is Texas (my mom’s side of the family is from there) at least 3 of those things are common place in Texans (which 3 is up to you) and I haven’t heard liberals complaining about that…in fact they want more protections and controls on at least one of those (I hope you know that I mean gun control, because I’m quite sure they aren’t pushing for more control on library cards).

Well…it might have something to do with the fact that, according to the most recent numbers on StateMaster.com, there are an estimated 1,041,000 illegal immigrants in Texas. Now, I’m sure they aren’t all Hispanic, we do get illegal immigrants in America from all over the world, but given the geographical location of Texas and Mexico, I think we can be fairly certain that a good portion of the 300,000 Hispanic voters (11% of Hispanic voters) who do not have a state identification card (or any other form of legitimate photo ID) and can’t get one have one thing in common.

They aren’t here legally.

So they aren’t allowed to vote and they aren’t allowed to go get a state ID card, because they don’t have the documentation to receive one.

And guess what, they shouldn’t be voting at all then.


And now for something completely different, here’s a video (and article) proving that America has the coolest Navy ever.


*though sometimes I wish we could restrict voting based on intelligence…



  1. The 14th Amendment, Equal Protection Clause combined with the Federal Supremacy Clause would make the principle basis for the case. Whether or not that is enough to warrant the specific judgements at hand is a fair question. But this is hardly evidence that anyone has missed the point of the10th Amendment, unless it would be those that consistently use it to ward off civil rights advocates,

    • Except that their are already 8 other states that have voter ID laws which the DoJ has yet to contest and the Federal Supremacy clause would only work if there was a specific federal law which stated that States cannot require ID to receive a ballot and vote.

      And by the 14th amendment, I assume you mean section 1, which says:

      All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      I don’t see how a voter ID law goes against anything in that amendment. Please explain if you do.
      The Voter ID is to prove citizenship, it does not stop a citizen from voting as long as they can prove they are a citizen. If you can prove citizenship, which you must do for any other number of “privileges” in this country (like having a job or getting on an airplane) then they can’t stop you from voting for the color of your skin, your gender, or any other reason.

    • If that were the case then the 24th Amendment banning poll taxes would needed to have just been a federal law, not an Amendment. The reason it needed to be an Amendment is that courts ruled that the Supremacy clause does not give the federal government the right to interfere with internal state matters like elections.

  2. Of course- as a true american- you do realize that in order to REGISTER to vote- one must prove they are a citiznen, of age, not a felon, etc etc? And this is exactly why requirning an id to vote is wrong.

    Study after study has shown that voter impersation fraud is in the thousandths of a percent- it just doesn’t happen. So once someone has proven thenselves elgible to vote by registering- what good does forcing them to show a state issued ID do?

    An estimated 10% of americans have no state issue ID- mostly minorities, the poor, college age citizens, and the elederly. All of which except for the elderly overwhelmingly vote democratic. So who did texas exempt from this law- the one group that votes republican- the elderly.

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