A Quote by William Rawle
The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
Related Quotes
No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people.
To refer the power in question to the clause "to provide for the common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust.
The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people.
To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
I am committed against every thing which in my judgment, may weaken, endanger, or destroy (the Constitution) ... and especially against all extension of Executive power; and I am committed against any attempt to rule the free people of this country by the power and the patronage of the Government itself.
The real transgression occurs when religion wants government to tell citizens how to live uniquely personal parts of their lives. The failure of Prohibition proves the futility of such an attempt when a majority or even a substantial minority happens to disagree. Some questions may be inherently individual ones, or people may be sharply divided about whether they are. In such cases, like Prohibition and abortion, the proper role of religion is to appeal to the conscience of the individual, not the coercive power of the state.
The prohibition amendment to the Constitution requires the Congress. and the President to provide adequate laws to prevent its violation. It is my duty to enforce such laws.To prevent smuggling, the Coast Card should be greatly strengthened, and a supply of swift power boats should be provided. The major sources of production should be rigidly regulated, and every effort should be made to suppress interstate traffic... It is the duty of a citizen not only to observe the law but to let it be known that he is opposed to its violation.
Nothing can be clearer than that what the Constitution intended to guard against was the exercise by the general government of the power of directly taxing persons and property within any State through a majority made up from the other States.
I think I realized that Dave Barry was funnier than I'll ever be, and he made no attempt to make any actual points. He had a general libertarian point of view, but in general, he just liked to make jokes.
The other General Welfare Clause is in the first of the authorities given to the Congress and it's not a grant, it's a restriction. By which I mean it doesn't say Congress can legislate for the general welfare, it means that everything Congress must do has to enhance the general welfare of the United States of America. It can't grant things to individuals, it can only legislate for the government.
When you authorised Congress to borrow money, and to contract debts, for carrying on the late war, you could not intend to abridge them of the means of paying their engagements, made on your account. You may observe that their future power is confined to provide common defence and general welfare of the United States. If they apply money to any other purposes, they exceed their powers. The people of the United States who pay, are to be judges how far their money is properly applied.
[T]he Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of convention, but from the general theory of a limited Constitution.
In some states, the attorney general is appointed, but in New York state it's an independently elected position. The New York attorney general has an obligation to the people first, to her conscience and to the rule of law, not to the governor, and not to the legislature.
We are not to suppose, that there is any violent exertion of power, such as is required in order to produce a great event in little time; in nature, we find no deficiency in respect of time, nor any limitation with regard to power. But time is not made to flow in vain; nor does there ever appear the exertion of superfluous power, or the manifestation of design, not calculated in wisdom to effect some general end.
It is important to strengthen the State governments; and as this cannot be done by any change in the Federal Constitution (for the preservation of that is all we need contend for), it must be done by the States themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the General Government. The only barrier in their power is a wise government. A weak one will lose ground in every contest.
General Motors, General Mills, General Foods, general ignorance, general apathy, and general cussedness elect presidents and Congressmen and maintain them in power.
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