A Quote by James K. Polk
The whole frame of the Federal Constitution proves that the government which it creates was intended to be one of limited and specified powers.
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The Founding Fathers envisioned a federal government that trusts its people with their money and freedom, outlining this limited, non-intrusive federal government in...the Constitution, leaving the other powers to people...or to the states.
The proposed constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal constitution; but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal, and partly national; in the operation of these powers, it is national, not federal; in the extent of them again, it is federal, not national; and finally, in the authoritative mode of introducing amendments, it is neither wholly federal, nor wholly national.
We start with first principles. The Constitution creates a Federal Government of enumerated powers.
It is not questioned that the Federal Government is one of limited powers. Its powers are such, and such only, as are expressly granted in the Constitution or are properly incident to the expressly granted powers and necessary to their execution.
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
Until the 1930s, the Constitution served as a major constraint on federal economic interventionism. The government's powers were understood to be just as the framers intended: few and explicitly enumerated in our founding document and its amendments. Search the Constitution as long as you like, and you will find no specific authority conveyed for the government to spend money on global-warming research, urban mass transit, food stamps, unemployment insurance, Medicaid, or countless other items in the stimulus package and, even without it, in the regular federal budget.
I, sir, have always conceived - I believe those who proposed the constitution conceived,and it is still more fully known, and more material to observe, those who ratified the constitution conceived, that this is not an indefinite government deriving its powers from the general terms prefixed to the specified powers - but, a limited government tied down to the specified powers, which explain and define the general terms.
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.
Article I, Section 8, of the Constitution, of course, lays out the delegated, enumerated, and therefore limited powers of Congress. Only through a deliberate misreading of the general welfare and commerce clauses of the Constitution has the federal government been allowed to overreach its authority and extend its tendrils into every corner of civil society.
A constitution, in the American sense of the word, is a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic.
Constitutions are violated, and it would be absurd to expect the federal government to enforce the Constitution against itself. If the very federal judges the Constitution was partly intended to restrain were the ones exclusively charged with enforcing it, then "America possesses only the effigy of a Constitution." The states, the very constituents of the Union, had to do the enforcing.
My battles have been against federal actions that exceed the powers our Founders granted to the federal government in the constitution.
In explaining the Constitution, James Madison, the acknowledged father of the Constitution, wrote in Federalist Paper 45: 'The powers delegated by the proposed Constitution to the Federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peach, negotiation, and foreign commerce.' Has the Constitution been amended to permit Congress to tax, spend and regulate as it pleases or have Americans said, 'To hell with the Constitution'?
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.
America's founders were clear that the Constitution established a federal government of few and defined powers. It cannot regulate any activity it chooses, but they only regulate in those areas which the Constitution grants it power to regulate.
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.
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