A Quote by Pinarayi Vijayan
Encroachment upon the powers and rights of States also goes against the grain of the Constitution and federal principles.
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For states' rights advocates, the Constitution is like a contract that is openly violated by one party with impunity. On paper, the states remain sovereign powers, while in reality the federal government appears able to dictate everything from the ingredients of school lunches to speed limits. Congress now routinely collects taxes in order to return the money to the states with conditions on their conforming to federal demands.
If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.
Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.
My battles have been against federal actions that exceed the powers our Founders granted to the federal government in the constitution.
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.
We start with first principles. The Constitution creates a Federal Government of enumerated powers.
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.
In the absence of a limitation on local enforcement powers, the states are bound by the Supremacy Clause of the United States Constitution to enforce violations of the federal immigration laws.
The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities, of citizens of the United States; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Abortion is a states' rights issue. Education is a states' right issue. Medicinal marijuana is a states' rights issue. Gay marraige is a states' rights issue. Assisted suicide- like Terri Schiavo- is a states' rights issue. Come to think of it, almost every issue is a states' rights issue. Let's get the federal government out of our lives.
The success of those doctrines would also subvert the Federal Constitution, change the character of the Federal Government, and destroy our rights in respect to slavery.
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 Founding Fathers envisioned a federal government that trusts its people with their money and freedom, outlining this limited, non-intrusive federal government in...the Constitution, leaving the other powers to people...or to the states.
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.
Principles-and I have in mind such principles as states' rights or national sovereignty or the free market or pacifism-have a way of drying up while the sap of life goes flowing in another direction.
[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.
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