A Quote by Dahlia Lithwick
Taking legislative authority away from the federal government doesn't necessarily mean freer individuals. It might just mean granting vastly more authority to the states--which already have far broader police powers than most of us would care to admit.
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I believe in the separation of powers. If a judge crosses the line between interpreting and making the law, he has crossed the line supporting his legitimate authority from the legislative branch's authority. Now, to me that's a very serious matter if we believe, as America's founders, did that the separation of powers - not just in theory or in textbook but in practice in the actual functioning of government - is the linchpin of limited government and liberty.
I mean ... to let you know how deeply I am impressed with a sense of the importance of Amendments; that the good people may clearly see the distinction - for there is a distinction - between the federal powers vested in Congress and the sovereign authority belonging to the several States, which is the Palladium [the protection] of the private and personal rights of the citizens.
The constitutionality and propriety of the Federal Government assuming to enter into a novel and vast field of legislation, namely, that of providing for the care and support of all those ... who by any form of calamity become fit objects of public philanthropy. ... I cannot find any authority in the Constitution for making the Federal Government the great almoner of public charity throughout the United States. To do so would, in my judgment, be contrary to the letter and spirit of the Constitution and subversive of the whole theory upon which the Union of these States is founded.
But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm . . . But what degree of madness could ever drive the federal government to such an extremity.
This bill would renounce the safe, proper, and acceptable role for Government as a referee of disputes between the governed. It would interpose the Government as a biased protagonist, armed with the awesome authority of the Federal Government, in addition to rulemaking and umpire powers. The broad grants of power to the Attorney General to initiate and intervene in civil actions would go far toward transforming him into George Orwell's 'Big Brother' of '1984,' in the year 1964.
Literally minutes before the Senate cast its vote, the administration sought to add the words 'in the United States and' after 'appropriate force' in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas-where we all understood he wanted authority to act-but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.
Hopefully that will be seen as a response, a leadership responding to an issue and therefore one's authority, while it's not as high if you didn't have the problem, it does mean that people say 'well he used his authority to come up with a solution in double-quick time that met with broader public acceptance.'
What many students most want from college, although they would never admit it, is an authority structure. There is a demand for an authority which they can then reject; they want to be told what to do, so they can disobey. It is a textbook case of bad faith, a flight from freedom.
The ultimate authority resides in the people, and that if the federal government got too powerful and overstepped its authority, then the people would develop plans of resistance and resort to arms.
Under the United States Constitution, the federal government has no authority to hold states "accountable" for their education performance...In the free society envisioned by the founders, schools are held accountable to parents, not federal bureaucrats.
They're trying to say that greater federal authority would have made a difference, ... The reality is that the feds are the ones that screwed up in the first place. It's not about authority. It's about leadership. ... They've got all the authority already.
It is federal, because it is the government of States united in a political union, in contradistinction to a government of individuals, that is, by what is usually called, a social compact. To express it more concisely, it is federal and not national because it is the government of a community of States, and not the government of a single State or Nation.
In republican government the legislative authority necessarily predominates. The remedy for this . . . is to divide the legislature into different branches; and to render them by different modes of election, and different principles of action, as little connected with each other as the nature of their common functions, and their common dependence on the society, will admit.
The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.
Under the constitution, there was never meant to be a federal police force. Even an FBI limited only to investigations was not accepted until this century. Yet today, fueled by the federal government's misdirected war on drugs, radical environmentalism, and the aggressive behavior of the nanny state, we have witnessed the massive buildup of a virtual army of armed regulators prowling the States where they have no legal authority. The sacrifice of individual responsibility and the concept of local government by the majority of American citizens has permitted the army of bureaucrats to thrive.
For authority proceeds from true reason, but reason certainly does not proceed from authority. For every authority which is not upheld by true reason is seen to be weak, whereas true reason is kept firm and immutable by her own powers and does not require to be confirmed by the assent of any authority.
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