|On every question of construction [of the
Constitution] let us carry ourselves back to the time when the
Constitution was adopted, recollect the spirit manifested in the
debates, and instead of trying what meaning may be squeezed out of the
text, or intended against it, conform to the probable one in which it
— Thomas Jefferson (1743-1826), letter to Judge William Johnson, (from Monticello, June 12, 1823)
|If, in the opinion of the people, the
distribution or modification of the constitutional powers be in any
particular wrong, let it be corrected by an amendment in the way which
the Constitution designates. But let there be no change by usurpation;
for though this, in one instance, may be the instrument of good, it is
the customary weapon by which free governments are destroyed.
— George Washington, Farewell Address, 1796
|Do not separate text from historical
background. If you do, you will have perverted and subverted the
Constitution, which can only end in a distorted, bastardized form of
— James Madison (unverified)
Potestas stricte interpretatur. A power is strictly interpreted.
In dubiis, non praesumitur pro potentia. In cases of doubt, the presumption is not in favor of a power.
|Click on the button to get the indicated file format:|
|Today, when a concerted effort is made to
obliterate this point, it cannot be repeated too often that the
Constitution is a limitation on the government, not on private
individuals — that it does not prescribe the conduct
of private individuals, only the conduct of the
government — that it is not a charter for government
power, but a charter of the citizen's protection against the
— Ayn Rand
|The general rule is that an unconstitutional statute,
though having the form and name of law, is in reality no law, but is
wholly void, and ineffective for any purpose; since unconstitutionality
dates from the time of it's enactment, and not merely from the date of
the decision so branding it... No one is bound to obey an
unconstitutional law, and no courts are bound to enforce it.
— 16 Am Jur 2d, Sec 177 late 2d, Sec 256
| So long as the people do not care to
exercise their freedom, those who wish to tyrannize will do so; for
tyrants are active and ardent, and will devote themselves in the name
of any number of gods, religious and otherwise, to put shackles upon
— Voltairine de Cleyre (1886-1912)
|I slept, and dreamed that life was Beauty;
I woke, and found that life was Duty.
— Ellen Sturgis Hooper (1816-1841)
Nondelegation and the Administrative State — Questions of the legitimacy of delegations of legislative powers to executive branch agencies.
|The people are masters of both Congress and courts, not
to overthrow the constitution, but to overthrow the men who pervert it!
— Abraham Lincoln
Property and Privacy Rights — We have a separate subsite for this large topic.
| [E]very act of a delegated authority,
contrary to the tenor of the commission under which it is exercised, is
void. No legislative act, therefore, contrary to the Constitution, can
be valid. To deny this, would be to affirm, that the deputy is greater
than his principal; that the servant is above his master; that the
representatives of the people are superior to the people themselves;
that men acting by virtue of powers, may do not only what their powers
do not authorize, but what they forbid.
— Alexander Hamilton, Federalist #78
Constitutionalism — Sometimes equated with the "Rule of Law", holds that government can and should be legally limited in its powers, and that its authority depends on enforcing those limitations.
| Liberty cannot be preserved without a general
knowledge among the people, who have a right, from the frame of their
nature, to knowledge, as their great Creator, who does nothing in vain,
has given them understandings, and a desire to know; but besides this,
they have a right, an indisputable, unalienable, indefeasible, divine
right to that most dreaded and envied kind of knowledge; I mean, of the
characters and conduct of their rulers.
— John Adams, Dissertation on Canon and Feudal Law, 1765, From: Our Sacred Honor, Bennett, 253.
It is maintained by the advocates of the bank that its
constitutionality in all
its features ought to be considered as settled by precedent and by the
of the Supreme Court. To this conclusion I cannot assent. Mere
precedent is a
dangerous source of authority...[and] the opinion of the Supreme
not to control the coordinate authorities of this Government. The
Executive, and the Court must each for itself be guided by its own
the Constitution. Each public officer who takes an oath to support the
Constitution swears that he will support it as he understands it, and
not as it
is understood by others. It is as much the duty of the House of
of the Senate, and of the President to decide upon the
constitutionality of any
bill...presented to them for passage...as it is of the supreme judges
may be brought before them for judicial decision.
|Original URL: http://www.constitution.org/cs_power.htm
Maintained: Jon Roland of the Constitution Society
Original date: 1995/09/25 —
|Test King's complete set of pass4sure mcp certification guides you to pass your real pass4sure sharepoint certification training along 640-802 exam. They also provide CCNA certification and cisco 70-443 exam questions material.|