A Quote by James Madison
On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
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I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
The Constitution, in addition to delegating certain enumerated powers to Congress, places whole areas outside the reach of Congress' regulatory authority. The First Amendment, for example, is fittingly celebrated for preventing Congress from "prohibiting the free exercise" of religion or "abridging the freedom of speech." The Second Amendment similarly appears to contain an express limitation on the government's authority.
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.
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 Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies.... A delegation of such powers [to the President] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.
[A]s it must be admitted that the remedy under the Constitution lies where it has been marked out by the Constitution; and that no appeal can be consistently made from that remedy by those who were and still profess to be parties to it, but the appeal to the parties themselves having an authority above the Constitution or to the law of nature & of nature's God.
I do not conceive that power is given to the President and Senate to dismember the empire, or to alienate any great, essential right. I do not think the whole legislative authority have this power. The exercise of the power must be consistent with the object of the delegation.
Authority and power are two different things: power is the force by means of which you can oblige others to obey you. Authority is the right to direct and command, to be listened to or obeyed by others. Authority requests power. Power without authority is tyranny.
As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
It is conceivable that animal life might have the attribute of using the heat of surrounding matter, at its natural temperature, as a source of energy for mechanical effect . . . .The influence of animal or vegetable life on matter is infinitely beyond the range of any scientific enquiry hitherto entered on. Its power of directing the motions of moving particles, in the demonstrated daily miracle of our human free-will, and in the growth of generation after generation of plants from a single seed, are infinitely different from any possible result of the fortuitous concurrence of atoms.
You always hear about delegation, but people make the mistake of delegating and not following up. I give authority, but I stay in touch. Otherwise it doesn't work.
President Obama is in violation of Section 3 of Article II of the Constitution by refusing to enforce the employer mandate provisions of Obamacare. The executive branch, which has no constitutional authority to write or rewrite law at whim, has usurped the exclusive legislative power of Congress.
Our Constitution... has not left the religion of its citizens under the power of its public functionaries, were it possible that any of these should consider a conquest over the conscience of men either attainable or applicable to any desirable purpose.
However the machine would permit us to test the hypothesis for any special value of n. We could carry out such tests for a sequence of consecutive values n=2,3,.. up to, say, n=100. If the result of at least one test were negative, the hypothesis would prove to be false; otherwise our confidence in the hypothesis would increase, and we should feel encouraged to attempt establishing the hypothesis, instead of trying to construct a counterexample.
A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal.
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