A Quote by James Madison
The proposed Constitution is, in strictness, neither a national nor a federal constitution; but a composition of both.
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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.
Is the appointment of Chaplains to the two Houses of Congress consistent with the Constitution, and with the pure principle of religious freedom? In strictness the answer on both points must be in the negative. The Constitution of the U. S. forbids everything like an establishment of a national religion. The law appointing Chaplains establishes a religious worship for the national representatives, to be performed by Ministers of religion, elected by a majority of them, and these are to be paid out of the national taxes. Does this not involve the principle of a national establishment ... ?
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'?
Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
I believe in the Constitution. I believe in separation of powers. I believe in the rule of law. I believe in limited government. And these are principles and policies that apparently neither the national Republican nor the national Democrat Party believes in. I believe great damage is being done to our Constitution, and I see no remedy at all, no likelihood of that changing, if we rely on the two parties to field our candidates for national office.
[The Massachusetts constitution] resembles the federal Constitution of 1787 more closely than any of the other revolutionary state constitutions. It was also drawn up by a special convention, and it provided for popular ratification - practices that were followed by the drafters of the federal Constitution of 1787 and subsequent state constitution-makers.
I think the federal government should be doing only what the Constitution says it should be. We don't have authority under the federal Constitution to have a big federal criminal justice system.
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.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
It [the Constitution] didn't break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as it's been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. And that hasn't shifted.
The Constitution I uphold and defend is the one I carry in my pocket all the time, the U.S. Constitution. I don't know what Constitution that other members of Congress uphold, but it's not this one. I think the only Constitution that Barack Obama upholds is the Soviet constitution, not this one.
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.
One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution... But as judges we are neither Jew nor Gentile, neither Catholic nor agnostic.
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.
I think all these reverend gentlemen who insist on the word 'obey' in the marriage service should be removed for a clear violation of the Thirteenth Amendment to the Federal Constitution, which says there shall be neither slavery nor involuntary servitude within the United States.
The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.
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