Only as far as SCOTUS will allow.
This is a discussion on Limits on Constitutional authority: enumerated powers, versus authority outside them within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Two questions, related to constitutionally-authorized power and authority ... To what extent is the U.S. federal government specifically prohibited from encroaching outside the enumerated powers ...
Two questions, related to constitutionally-authorized power and authority ...
- To what extent is the U.S. federal government specifically prohibited from encroaching outside the enumerated powers in the U.S. Constitution?
- To what extent are the states and the People specifically empowered to resist such encroachment, in areas clearly outside the enumerated powers granted in the U.S. Constitution?
Let's document the claims with facts, writings, learned justifications (from Founding Era debates, etc, and from court case law).
For reference: The Founders' Constitution @ Univ. of Chicago.
Inspired by a recent comment made in another thread:
Only as far as SCOTUS will allow.
Retired USAF E-8. Official forum curmudgeon.
Lighten up and enjoy life because:
Paranoia strikes deep, into your life it will creep. It starts when you're always afraid... Buffalo Springfield - For What It's Worth
Are you leaning toward seccession or impeachment???
New Hampshire Resolution on the Virginia and Kentucky Resolutions (1799)
The legislature of New Hampshire, having taken into consideration certain resolutions of the
General Assembly of Virginia, dated December 21, 1798; also certain resolutions of the
legislature of Kentucky, of the 10th of November 1798:
Resolved, That the legislature of New Hampshire unequivocally express a firm resolution to
maintain and defend the Constitution of the United States, and the Constitution of this State,
against every aggression, either foreign or domestic, and that they will support the government of
the United States in all measures warranted by the former.
That the state legislatures are not the proper tribunals to determine the constitutionality of the
laws of the general government;
that the duty of such decision is properly and exclusively
confided to the judicial department.
That, if the legislature of New Hampshire, for mere
speculative purposes, were to express an opinion on the acts of the genera
l government, commonly called "the Alien
and Sedition Bills", that opinion would unreservedly be, that those acts are constitutional,
and, in the present critical situation of our country, highly expedient.
That the constitutionality and expediency of theacts aforesaid have been very ably advocated
and clearly demonstrated by manycitizens of the United States, more especially by the minority
of the General Assembly of Virginia. The legislature of New Hampshire, therefore, deem it
unnecessary, by any train of arguments, to attempt further illustration of the propositions, the
truth of which, it is confidently believed, at this day, is very generally seen and acknowledged.
Which report . . . was unanimously received and
adopted, one hundred and thirty-seven members
If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
We have these things called "elections", it is when we get to voice our opinion on how the government is representing us.
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.