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Liberty; Law; Government; and the Constitution

Federal Power only exists where granted

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Bill of Rights - U.S. Constitution
ARTICLE (X.) (10th Amendment)
         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.

  • The United States has no powers if such powers have NOT been delegated to the United States. 
  • The United States has no powers if such powers have been reserved to the States.
  • The individual States have no powers if such powers are prohibited to the States. 
  • Powers NOT delegated to the United States, and powers prohibited to the states are reserved to the people and REMAIN with the people.

Article 1, Section 1 of the U.S. Constitution

         All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

  • All legislative Powers herein granted... 
  • All legislative Powers herein consented to by the Sovereign People.
  • This is the only document of Law delegating power.
  • These are the only powers delegated.

        We start with first principles. The Constitution creates a Federal Government of enumerated powers.  See U.S. Constitution, Article I Section 8. 

        As James Madison wrote, "[t]he 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 Federalist No. 45.
...
        As Chief Justice Marshall stated in McCulloch v. Maryland, (1819):
        "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. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist."
- Chief Justice Rehnquist - United States v. Lopez (1995)

  • The Federal government has enumerated (listed; numbered) powers.
  • The Federal government's powers are FEW and DEFINED.
  • The Federal government can only exercise the powers GRANTED.


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