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Thursday, May 27, 2010

The Constitution and Limits

At The Atlantic, Garrett Epps writes: "The actual Constitution doesn't read as if it was designed to stop innovation or block centralization. It created a new powerful government, and has very little language limiting it. "

This assertion is debatable. In Federalist 83, Hamilton wrote:
The plan of the convention declares that the power of Congress, or, in other words, of the national legislature, shall extend to certain enumerated cases. This specification of particulars evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended.
In Federalist 84, Hamilton argued that a bill of rights was unnecessary because the original Constitution did not grant fearsome powers to the national government: "For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?"

But Congress and the states did pass The Bill of Rights, with these important provisions:

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

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.