A Quote by David Souter
Under the Articles of Confederation, the national government had the power to issue commands to the several sovereign states, but it had no authority to govern individuals directly.
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We [the Government] are here not as masters but as servants, we are not here to glory in power, but to attest our loyalty to the commands and restrictions laid down by our sovereign, the people of the United States, in whose name and by whose will we exercise our brief authority.
I have the highest veneration of those Gentleman, -- but, Sir, give me leave to demand, what right had they to say, We, the People? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask who authorized them to speak the language of, We, the People, instead of We, the States? States are the characteristics, and the soul of the confederation. If the States be not the agents of this compact, it must be one of great consolidated National Government of the people of all the States.
Abortion is a states' rights issue. Education is a states' right issue. Medicinal marijuana is a states' rights issue. Gay marraige is a states' rights issue. Assisted suicide- like Terri Schiavo- is a states' rights issue. Come to think of it, almost every issue is a states' rights issue. Let's get the federal government out of our lives.
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.
It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act, therefore establishing the Constitution, will not be a NATIONAL, but a FEDERAL act.
The consensus for a strong, independent Executive arose from the Framers' experience in the Revolution and under the Articles of Confederation. They had seen that the War had almost been lost and was a bumbling enterprise because of the lack of strong Executive leadership.
The issue is whether the ultimate civil authority of the United States can tolerate actions in contempt of constitutional lines of authority. Any lessening of civil power over military power must inevitably lead away from democracy.
In 1787, many Americans were convinced that the 'perpetual union' they had created in winning independence was collapsing. Six years earlier, in the Articles of Confederation, the thirteen state governments had surrendered extensive powers to a congress of delegates from each state legislature.
The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.
No people without a government of their own can expect to be treated on the same level as people of independent sovereign states. It is far better to be free to govern or misgovern yourself than to be governed by anybody else . . .
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.
The power of the state to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive.
In our Constitution governmental power is divided among three separate branches of the national government, three separate branches of State governments, and the peoples of the several States.
The states have authority to interpret the Constitution, enforce it, and protect the people from violations of it by the federal government In the first place, there is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.
Those who wrote the Constitution clearly understood that power is dangerous and needs to be limited by being separated - separated not only into the three branches of the national government but also separated as between the whole national government, on the one hand, and the states and the people on the other.
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