More on the Limits that "We the People" have placed upon the federal government

Federalist Paper #33*, p. 128-129, Hamilton

By Definition, National Law Supreme - (BUT!)

“It is said that the laws of the Union are to be the supreme law of the land. …

“But it doesn't follow from this doctrine that acts of the larger society [the federal government] that are not among its constitutional powers, acts that invade the authority of smaller societies [the states], will become the supreme law of the land. These will be acts of usurpation and deserve to be treated as such. …

“It will not, I presume, have escaped observation that it expressly confines this supremacy to laws made pursuant to the Constitution. ”

Many of the states would not have signed the Constitution had it not been for the understanding that there would be an additional layer of protection against federal intrusion into individual and state’s rights. 

September 25, 1789, Congress transmitted twelve proposed amendments to the US Constitution to the states.  The document began:

“The Conventions of a number of states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution: …”

Congress was clear that the states were concerned that the federal government may ”misconstruct” or “abuse” its powers.  The whole purpose of the Bill of Rights was to place an additional layer of protection over the possibility of the federal government abusing or usurping either the states or peoples rights that preceded our war for independence, and served as the justification for our separation from England.  These rights as defined in the Declaration of Independence are unalienable and come from our Creator – NOT from government or man. 

We must ALWAYS keep foremost in our minds that “We the People” formed the federal government through our elected representatives and then ratified this contract, our Constitution, through our state legislatures.

The federal government has abused its powers – all three branches.  This will be the topic of this next series of articles.  Please review our first article in this series for more detail on government’s limited roll of governance and authority. ConstFoundPrinc1.htm

We will tackle the Courts in the next article as they have been the most destructive force for change in our nation’s short history.

The price of freedom is not only vigilance - it is also a clear understanding of our history and structure of government!

For comments or questions, please contact Richard Gruetter at:

constitution1776@bellsouth.net

*Federalist Papers in Modern Language, Edited by Mary E. Webster