Limits on Constitutional authority: enumerated powers, versus authority outside them

Limits on Constitutional authority: enumerated powers, versus authority outside them

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 ...

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Thread: Limits on Constitutional authority: enumerated powers, versus authority outside them

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    VIP Member Array ccw9mm's Avatar
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    Question Limits on Constitutional authority: enumerated powers, versus authority outside them

    Two questions, related to constitutionally-authorized power and authority ...

    1. To what extent is the U.S. federal government specifically prohibited from encroaching outside the enumerated powers in the U.S. Constitution?

    2. 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:
    Quote Originally Posted by Hopyard View Post
    Quote Originally Posted by Voice View Post
    Simple. The Supremacy Clause is subordinate to the fact that the States didn't grant unlimited powers to the Feds. The only granted an enumerated set of powers. Within those powers, the fed's laws are supreme. Outside if those powers, the fes's laws are unconstitutional, and therefore *cannot* be supreme. Therefore, an unconstitutional federal law can be legally nullified by the states.
    The states subordinated themselves to the constitution and to the federal government when they chose to ratify the constitution. There are legitimate ways to deal with unpopular laws thought unconstitutional, but nullification isn't one of them. As others have pointed out, it is an extraconstitutional measure.
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    Only as far as SCOTUS will allow.
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    Are you leaning toward seccession or impeachment???

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by sanfordreed View Post
    Are you leaning toward seccession or impeachment???
    No leanings. No politicizing. Am simply wanting to explore the authority in question, documenting where it comes from, what its limits are.
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    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
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    http://web.utk.edu/~mfitzge1/docs/374/NHR1799.pdf

    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
    being present.
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    We have these things called "elections", it is when we get to voice our opinion on how the government is representing us.
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    Quote Originally Posted by OutWestSystems View Post
    We have these things called "elections", it is when we get to voice our opinion on how the government is representing us.
    If only that still worked.
    "The time is now near at hand which must determine whether Americans are to be freemen or slaves."
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    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.
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