A Quote by Thomas Jefferson
The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers.
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If the federal government has the exclusive right to judge the extent of its own powers, warned the Kentucky and Virginia resolutions' authors (James Madison and Thomas Jefferson, respectively), it will continue to grow - regardless of elections, the separation of powers, and other much-touted limits on government power.
The framers of our constitution had the sagacity to vest in Congress all implied powers: that is, powers necessary and proper to carry into effect all the delegated powers wherever vested.
If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions.
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.
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 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.
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.
Spirituality brings a class of men who lay exclusive claim to the special powers of the world. The immediate effect of this is a reaction towards materialism, which opens the door to scores of exclusive claims, until the time comes when not only all the spiritual powers of the race, but all its material powers and privileges are centred in the hands of a very few; and these few, standing on the necks of the masses of the people, want to rule them. Then society has to help itself, and materialism comes to the rescue.
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'?
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.
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.
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.
The powers of the federal government ... result from the compact to which the states are parties, [and are] limited by the plain sense and intention of the instrument constituting that compact.
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, peace, negotiation and foreign commerce. ... The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.
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.
[E]very act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
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