specific powers given to the government

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Nov 17, 2007
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i need some help to settle an argument... anywhere in the constitution specifically state that the powers given to congress in article 1 section 8 are the ONLY things that the government can do???? i've been reading over and over and i can't find this info... if anyone can help me defeat an "Obam-ite" in this discussion... i know i'm right, i just need the proof in the constitution!

thanks in advance!
 
Whatever you see in the Constitution is what you get. Whatever isn't listed falls under the 10th Amendment.
 
The 10th amendment states:

"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."
 
Also, it was either James Madison or Alexander Hamilton that said, in the Federalist Papers, that a Bill of Rights would be unnecessary since the federal government's powers were limited and did not allow for the infringement of certain rights to begin with.
 
Also, it was either James Madison or Alexander Hamilton that said, in the Federalist Papers, that a Bill of Rights would be unnecessary since the federal government's powers were limited and did not allow for the infringement of certain rights to begin with.

Everyone above is correct. Before the Bill of Rights was added, the Constitution included nothing but enumerated powers (along with checks and balances and instructions about how the branches should operate). If the Founders/Framers did not intend for those enumerated powers to be an exhaustive list, and if the government's powers were basically unlimited, they would not have even bothered to enumerate powers in the first place. After all, every enumerated power in Article I, Section 8 is implicitly granted to a government that is granted carte blanche. In other words, the mere presence of enumerated powers indicates those powers comprise an exhaustive list.

As TastyWheat said, some Founders/Framers argued that a Bill of Rights was entirely unnecessary, because of the fact that the federal government was only permitted certain powers. The Anti-Federalists wanted one anyway though...probably just in case some dishonest politician someday found a way to abuse the elastic clause to deny the people some of their most basic rights (I'm speculating here, but the Federalist and Anti-Federalist papers would contain their actual reasons). However, there was a problem: By creating a Bill of Rights, they knew that would mean the Constitution would no longer include only enumerated powers. Because of that, some were afraid that by explicitly denying some powers, that would make it less obvious that the enumerated powers were the ONLY powers government had. In other words, they were afraid that a Bill of Rights might open the door for dishonest politicians (e.g. Barack Obama) to construe the words of the Constitution against it, coming up with loose and faulty interpretations that claim every power not explicitly denied is implicitly granted. :rolleyes:

So...they came up with a solution to the problem of interpretation, and that's what the Ninth and Tenth Amendments are for: The Ninth reaffirmed the idea that those rights explicitly granted to the people (and powers the government was restricted from having) were NOT an exhaustive list...and the Tenth reaffirmed the idea that those powers explicitly granted to the federal government were INDEED an exhaustive list. In other words, the Tenth Amendment demands a strict construction of the rest of the Constitution, explicitly stating that all powers not explicitly granted to the federal government are implicitly denied and therefore belong to the states (and/or the people, respectively).

Bottom line: From the Constitutional standpoint, the Obama people have absolutely no foot to stand on when they claim that any power not explicitly denied is implicitly granted.
 
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i need some help to settle an argument... anywhere in the constitution specifically state that the powers given to congress in article 1 section 8 are the ONLY things that the government can do???? i've been reading over and over and i can't find this info... if anyone can help me defeat an "Obam-ite" in this discussion... i know i'm right, i just need the proof in the constitution!

thanks in advance!

Regarding the limited powers delegated to the feds by the federal Constitution, you need to know the Constitution and its history, in my opinion, not just the Constitution. Consider the following words by Jefferson, for example.

"1. To lay taxes to provide for the general welfare of the United States, that is to say, "to lay taxes for the purpose of providing for the general welfare." For the laying of taxes is the power, and the general welfare the purpose for which the power is to be exercised. They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless (emphasis added).

It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please." Jefferson's Opinion on the Constitutionality of a National Bank : 1791
 
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