A Quote by James Madison
No power over the freedom of religion [is] delegated to the United States by the Constitution.
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I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States. Certainly, no power to prescribe any religious exercise or to assume authority in any religious discipline has been delegated to the General Government. It must then rest with the States.
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.
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.
A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.
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.
[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.
The First Amendment and Fourteenth Amendment rights in the United States Constitution were being violated in Albany again and again - freedom of speech, freedom of assembly, the equal protection of the laws - I could count at least 30 such violations. Yet the president, sworn to uphold the Constitution, and all the agencies of the United States government at his disposal, were nowhere to be seen.
Two Soviets . . . were talking to each other. And one of them asked, "What's the difference between the Soviet Constitution and the United States Constitution?" And the other one said, "That's easy. The Soviet Constitution guarantees freedom of speech and freedom of gathering. The American Constitution guarantees freedom after speech and freedom after gathering."
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
The Government of the United States possesses no power whatever over the question of religion.
We know that the Constitution wisely separates church from state, but remember: the Constitution guarantees freedom of religion, not freedom from religion.
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.
To research my book 'Me the People' - in which I have rewritten the entire Constitution of the United States - I flew to Greece, the birthplace of democracy. I bused to Philly, the home of independence. I even, if you can believe it, read the Constitution of the United States.
I ask particularly that those of you who are now in school will prepare yourselves to bear the burden of leadership over the next 40 years here in the United States, and make sure that the United States - which I believe almost alone has maintained watch and ward for freedom - that the United States meet its responsibility. That is a wonderful challenge for us as a people.
Since 1787 the principle of freedom of religion has been attacked but never overthrown. Keeping education in the United States free of sectarian influence has long been one of the primary struggles of believers in freedom of religion.
Resolved, That the General Assembly of Virginia, doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the Government of the United States in all measures warranted by the former.
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