Friday, August 26, 2016

Federal Government: Limited Powers

The Tenth Amendment was designed to underscore the fact that the Federal Government was one of strictly limited powers--it had only those powers enumerated in the Constitution, and no others.

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.

Does the fact that the Federal Government is one of only enumerated powers, as opposed to plenary power, protect liberty? If so, how so?

Now consider Madison on Federal Power in Federalist 45:

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

Is this how things worked out?