A Quote by James Madison
THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the particular structure of the government, and the distribution of this power among its branches.
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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.
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.
Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.
I have ever been opposed to banks, - opposed to internal improvements by the general government, - opposed to distribution of public lands among the states, - opposed to taking the power from the hands of the people, - opposed to special monopolies, - opposed to a protective tariff, - opposed to a latitudinal construction of the constitution, - opposed to slavery agitation and disunion. This is my democracy. Point to a single act of my public career not in keeping with these principles.
Try this thought experiment. Pretend you're a tyrant. Among your many liberty-destroying objectives are extermination of blacks, Jews and Catholics. Which would you prefer, a United States with political power centralized in Washington, powerful government agencies with detailed information on Americans and compliant states or power widely dispersed over 50 states, thousands of local jurisdictions and a limited federal government?
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.
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.
It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.
I believe that Americans should be deeply skeptical of government power. You cannot trust people in power. The founders knew that. That's why they divided power among three branches, to set interest against interest.
As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others.
In the event of any action which clearly threatened Polish independence and which the Polish Government accordingly considered it vital to resist with their national forces, His Majesty's Government would feel themselves bound at once to lend the Polish Government all support in their power. They have given the Polish Government an assurance to this effect. I may add that the French Government have authorized me to make it plain that they stand in the same position in this matter.
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.
Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
States are violent institutions. The government of any country, including ours, represents some sort of domestic power structure, and it's usually violent. States are violent to the extent that they're powerful, that's roughly accurate.
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.
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