As many people know, and are deeply concerned about, our federal government is growing exponentially; and the question is often asked, where does the power of the federal government end, and the state power, and the people thereof begin? For anyone asking this question, it is a great question. Please consider what one of our founding fathers, and third president, Thomas Jefferson once said:
“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”
Our founders were very wise, and most believed in the de-centralization of power, and often chose to relinquish power; unlike the over-reaching and ever-expanding federal government that we are often seeing today.
When our founders drafted The United States Constitution, the federal government was given explicit powers…
First let’s look at the expressed powers given to The (Legislative Branch) United States Congress:Article 1, Section 8:
- The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
- To borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
- To establish Post Offices and post Roads;
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
- To constitute Tribunals inferior to the supreme Court;
- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
- To provide and maintain a Navy;
- To make Rules for the Government and Regulation of the land and naval Forces;
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
- To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
- —And To make all Laws which shall be necessary and proper for carrying into Execution the “foregoing” Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
- The Migration or Importation of such Persons (prev. referred to as slaves) as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight (1808), but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
- The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
- No Bill of Attainder or ex post facto Law shall be passed.
- No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
- No Tax or Duty shall be laid on Articles exported from any State.
- No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
- No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
- No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
“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”.
So, this is very interesting: after reading the tenth amendment, you would think, any powers that were not given to the Federal Government, by The Constitution, are explicitly retained by the states and the people, respectively.
To me, this begs the question, where does The Elastic Clause end, and The Tenth Amendment begin?