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Quite the opposite, actually. Originally there were three buckets. Feds do it, States do it, People do it. There is also an implied negative version of said b
by salawat 5y ago
Quite the opposite, actually. Originally there were three buckets.
Feds do it, States do it, People do it.
There is also an implied negative version of said bucket. Government explicitly CANNOT do.
Anything not explicitly enumerated for the Feds, or denied to the Feds, and not explicitly delegated to the States or denied to the States falls into the bucket of the People.
Never shall something move from one bucket to another except by legislative action. This goes for either direction. This results in the "tyranny in 3 Acts" state of affairs where since no one has the stomach for a good ole purging of Federal/regulations over time, or using sunset dates by default, our legal code has become a minefield/cornucopia of selective enforcement justifications for the ambitious prosecutor. Lincoln, I think, said it best; and I think it is best to let his words stand for themselves. The speech of interest is his Lyceum Address, and I cannot recommend a full read highly enough.
http://www.abrahamlincolnonline.org/lincoln/speeches/lyceum.htm http://www.abrahamlincolnonline.org/lincoln/speeches/lyceum....
Say what you will about the times, I find it extremely difficult to be dismissive of the essential points of that speech.
If the Temple of Liberty burns, it is because we have grown so overly complacent as to have put the torch to it. We have neglected the stone edifice of reason, erected a temple of sticks out of expediency, and burned it.