-Caveat Lector-
Ric Carter wrote:
If you believe that "state sovereignty" is a Constitutional
issue, or that the Articles of Confederation deserve standing
as "the supreme Law of the Land", please cite such sections of
the Constitution that I may have missed. Thank you.
If it 'aint't' there ... it does not exist (85% of our current
burden) ...
Article I, Section 1
All legislative Powers herein granted shall be vested
in a Congress ...
Article I, Section 8
The Congress shall have Power To ... [followed by explicit powers]
Article II, Section 1
The executive Power shall be vested in a President ...
Article II, Section 2
The President shall be ...
He shall have Power, by and with the Advice and Consent of
the Senate ...
The President shall have Power to ...
Article III, Section 1
The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish ...
Article III, Section 2
The judicial Power shall extend to ...
Alexander Hamilton "The Federalist" #84:
Here, in strictness, the people surrender nothing, and as
they retain everything, they have no need of particular
reservations. 'We the People of the United States, to
secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this constitution for
the United States of America.' Here is a better recognition
of popular rights than volumes of those aphorisms which make
the principal figure in several of our state bills of rights,
and which would sound much better in a treatise of ethics
than in a constitution of government.
... I go further, and affirm that bills of rights, in the
sense and in the extent in which they are contended for, are
not only unnecessary in the proposed constitution, but would
even be dangerous. They would contain various exceptions to
powers which are not granted; and on this very account, would
afford a colourable pretext to claim more than were granted.
For why declare that things shall not be done which there is
no power to do? Why for instance, should it be said, that
the liberty of the press shall not be restrained, when no
power is given by which restrictions may be imposed? I will
not contend that such a provision would confer a regulating
power; but it is evident that it would furnish, to men disposed
to usurp, a plausible pretence for claiming that power.
They might urge with a semblance or reason, the constitution
ought not to be charged with the absurdity of providing against
the abuse of an authority, which was not given.
Amendment X
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.
Regard$,
--MJ
"This is not an indefinite government ... but a limited government,
tied down to the specified powers which explain and define the
general terms. [James Madison Remarks in the House of Representatives
(6 Feb. 1792), The Records of the Federal Convention of 1787]
"Congress [has] not unlimited powers to provide for the general
welfare, but [is] restrained to those specifically enumerate."
[Thomas Jefferson to Albert Gallatin (16 June 1817)]
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Let us please be civil and as always, Caveat Lector.
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