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To: Vision; definitelynotaliberal; Mother Mary; FoxInSocks; 300magnum; NonValueAdded; sauropod; ...

When arguing politics, arm yourself with history....

ping


2 posted on 06/02/2008 3:49:29 AM PDT by Loud Mime (Fight Racism - Vote McCain! - sticker asking for a new paint job and windows)
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To: Loud Mime
In January 1800 James Madison headed the US House of Representatives committee that traveled to the Virginia State legislature after both Virginia and Kentucky petitioned the new federal government that the recent Alien and Sedition Act was unconstitutional.

At the conclusion of that visit, Madison submitted this report:

The resolution declares, first, that "it views the powers of the federal government as resulting from the compact to which the states are parties;" in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties. Clear as the position must seem, that the federal powers are derived from the Constitution, and from that alone, the committee are not unapprised of a late doctrine which opens another source of federal powers, not less extensive and important than it is new and unexpected. The examination of this doctrine will be most conveniently connected with a review of a succeeding resolution. The committee satisfy themselves here with briefly remarking that, in all the contemporary discussions and comments which the Constitution underwent, it was constantly justified and recommended on the ground that the powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the 12th amendment, now a part of the Constitution, which expressly declares, "that 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."

Madison made in quite clear he believed the general government had overstepped its bounds.

-------

In that report is also contained this little nugget on what was the original intent concerning the limited authority of the US Supreme Court:


(snip)
However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.

James Madison, Report on the Virginia Resolutions

11 posted on 06/02/2008 12:01:39 PM PDT by MamaTexan (* I am not a political, administrative or legal 'entity', nor am I a *person* as created by law *)
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