Sunday, June 5, 2011

The Power and The Strength of the Tenth

“in order to form a more perfect union…”

The framers and founders had a clear objective when creating the Constitution. They had seen and been subjected to unimpeded authoritative governance that seemed to be presided over more by whim than necessity. There was much debate as to the nature and strength of a centralized federal government. The Constitution was written with very specific language detailing the scope of authority given to the new federal government. The Commonwealth of Massachusetts in their ratification of the Constitution, dated February 6th, 1788 wrote “That it be explicitly declared that all powers not expressly delegated by the aforesaid Constitution are reserved to the several states, to be by them exercised” This language is comparable to Article II of the Articles of Confederation, the guiding framework established during the gestation of the Constitution. The framers and founders had a clear objective about limited government.

The Bill of Rights is often and correctly referenced with respect to freedom of speech, the press, religion and the freedoms associated with the legal rights of the accused. What often goes unnoticed is the tenth amendment, which reads in full as:

"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."

The question needs to be asked as to why this clause was inserted into the Bill of Rights, and the lessons and warnings it has for the l discourse in today’s ever increasing disparate political climate.

The Bill of Rights was the attempt to address many of the issues and concerns of the states relative to their votes on ratification, hence the notation made by the Massachusetts Commonwealth. The architects of the Constitution felt this protection of freedom so necessary that it was included in the first series of amendments. It was not a capricious decision – they knew their fledgling democracy needed this fundamental protection. We must give that fact its proper and due weight.

The powers granted to the government, by the people, of the people and for the people are strong but limited in scope. There is an increasing attempt by those of political cowardice to inject powers and authority into the federal government under the guise of the common good. Perhaps intended as a noble cause by some, but wholly ignorant of the founders intent.

A government that can create authority and powers unchecked is a direct And frightening path to tyranny. This is not hyperbole; history has shown that all oppressive governments that have come to power did so by  first consolidating power under the guise of serving the common good.

We must be ever vigilant against the encroaching power of the federal government. The powers under which the government operates must be guarded against overreach by those who are hoping for short term political power and advantage.

A strong central government is a need for a flourishing democracy, but democracy also demands that such a government be subject to he foresight of the checks and balances instituted by the Constitution.

Our ancestors fought and died for our freedom, and we must pass that freedom on to our posterity in the form of a strong but restricted government, limited to the powers granted under our Constitution.

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