Replies

As an early comment on your discussion topic, the novel mixed sovereignty of the Constitution was our early attempt at keeping a limited Federal Government.

With General government at the state level and limited federal government at the national level, we had the right mix to keep government responsible.

We see in Arizona an attempt to force the Federal Government to focus on the sphere it was intended to properly deal with in its laws and functions.

Almost from the first, at least by Madison's term as President, the expansion of the reach of the Federal Government was being dealt with by the members of the government. It soon became so complicated and factious that the Supreme Court staked out the issues of Constitutionality as their own — much to our regret today.

Why do I say “regret”? With the SC in total control of the issue, Congress and the Executive have given up on it as an area of their control and have for a hundred years considered themselves a General government instead of a limited government. They say, the Court will tell us where we go too far.

Mixed sovereignty was right — emasculated states are now the norm.