A Quote by Asa Hutchinson

Historically, there is a presumption that the legitimate police powers of the states are not to be pre-empted by federal law unless Congress has made that purpose clear.

Asa Hutchinson

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Clear Congress Federal Historically Law Legitimate Made Police Police Power Powers Presumption Purpose States Unless

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Asa Hutchinson
American - Lawyer
Born: December 3, 1950

There are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it's mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has already taken over that area.

Dallin H. Oaks

Not surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.

Joseph Sobran

For states' rights advocates, the Constitution is like a contract that is openly violated by one party with impunity. On paper, the states remain sovereign powers, while in reality the federal government appears able to dictate everything from the ingredients of school lunches to speed limits. Congress now routinely collects taxes in order to return the money to the states with conditions on their conforming to federal demands.

Jonathan Turley

The powers of government exercised locally derive from a federal law authorizing government by consent in local affairs only, unless those affairs are otherwise governed by federal law.

Dick Thornburgh

Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.

Marvin Ammori

To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that '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.

Melville Fuller

I see,... and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic; and that, too, by constructions which, if legitimate, leave no limits to their power... It is but too evident that the three ruling branches of [the Federal government] are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.

Thomas Jefferson

September 11th does not justify ignoring the Constitution by creating broad new federal police powers. The rule of law is worthless if we ignore it whenever crises occur.

Ron Paul

To argue that it is unconstitutional for local law enforcement to be a legitimate partner in immigration enforcement is shortsighted. It is evidence of a lack of commitment to securing our borders and a lack of appreciation for the proper role of the states in supporting federal law enforcement priorities.

Asa Hutchinson

[An] act of the Congress of the United States... which assumes powers... not delegated by the Constitution, is not law, but is altogether void and of no force.

Thomas Jefferson

The United States being a limited form of government, one of the restrictions to which it is subject is in regard to its power to levy taxes. The States may levy them for a great many purposes for which Congress cannot, because to the States belong all of the powers not delegated to Congress.

Samuel Freeman Miller

In the United States we have, in effect, two governments ... We have the duly constituted Government ... Then we have an independent, uncontrolled and uncoordinated government in the Federal Reserve System, operating the money powers which are reserved to Congress by the Constitution.

Wright Patman

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.

Anthony Kennedy

However, the sovereignty of the states is constitutionally defined and recognized, while the powers of the local government in Puerto Rico are defined by, and subject to alteration under, federal statutory law.

Dick Thornburgh

I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.' To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power not longer susceptible of any definition.

Thomas Jefferson

We had so many different presidents, including Jefferson, Jackson, Lincoln - there were other founders like Hamilton, Adams - who made it very clear that the courts can't make a law. The Constitution is expressly clear that that's a power reserved to Congress.

Mike Huckabee

A Quote by Asa Hutchinson

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