A Quote by John Marshall
The federal government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it . . . is now universally admitted.
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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 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.
This government is acknowledged by all, to be one of enumerated powers.
We start with first principles. The Constitution creates a Federal Government of enumerated powers.
Our tenet ever was . . . that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated; and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action.
The British government had not engaged in any serious actual oppression of the colonies before 1774, but it had claimed powers not granted by the governed, powers that made oppression possible, powers that it began to exercise in 1774 in response to colonial denial of them. The Revolution came about not to overthrow tyranny, but to prevent it.
My battles have been against federal actions that exceed the powers our Founders granted to the federal government in the constitution.
If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything-and the Federal Government is no longer one of limited and enumerated powers.
I don't think the federal government should be involved in making life work, right? I mean, the enumerated powers - the state level is fine. The local level's fine. But not - I do not want the federal government trying to make my life work.
I see,... and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic; and that, too, by constructions which, if legitimate, leave no limits to their power... It is but too evident that the three ruling branches of [the Federal government] are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.
There will be found to exist at all times an imperious necessity for restraining all the functionaries of the Government within the range of their respective powers thereby preserving a just balance between the powers granted to this Government and those reserved to the States and to the people.
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.
The true natural check on absolute democracy is the federal system, which limits the central government by the powers reserved, and the state governments by the powers they have ceded.
Under a democratical government the citizens exercise the powers of sovereignty; and those powers will be first abused, and afterwards lost, if they are committed to an unwieldy multitude.
Many, if not most, of the difficulties we experience in dealing with government agencies arise from the agencies being part of a fragmented and open political system…The central feature of the American constitutional system—the separation of powers—exacerbates many of these problems. The governments of the US were not designed to be efficient or powerful, but to be tolerable and malleable. Those who designed these arrangements always assumed that the federal government would exercise few and limited powers.
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.
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