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To: Publius
Even the Articles of Confederation recognized implied powers. But Brutus correctly points out that the federal court system will stretch what is necessary and proper just as much as Congress or the President. What possible solutions exist to move the balance in favor of federalism, and how could they be implemented peacefully?

Our Founders knew the answer, which we continually ignore:

From the Virginia Declaration of Rights:
XV That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.

In my recent readings, I ran into this jewel:

Hence the concentration of power and the subjection of individuals will increase among democratic nations, not only in the same proportion as their equality, but in the same proportion as their ignorance. It is true that in ages of imperfect civilization the government is frequently as wanting in the knowledge required to impose a despotism upon the people as the people are wanting in the knowledge required to shake it off; but the effect is not the same on both sides. However rude a democratic people may be, the central power that rules them is never completely devoid of cultivation, because it readily draws to its own uses what little cultivation is to be found in the country, and, if necessary, may seek assistance elsewhere. Hence among a nation which is ignorant as well as democratic an amazing difference cannot fail speedily to arise between the intellectual capacity of the ruler and that of each of his subjects. This completes the easy concentration of all power in his hands: the administrative function of the state is perpetually extended because the state alone is competent to administer the affairs of the country.
Alexis Tocqueville - - Democracy in America, Chap. IV

7 posted on 10/20/2010 8:16:43 AM PDT by Loud Mime (It's the CONSTITUTION! www.initialpoints.net)
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To: Loud Mime
Or, to put it another way,

“No people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffused and Virtue is preserved. On the Contrary, when People are universally ignorant, and debauched in their Manners, they will sink under their own weight without the Aid of foreign Invaders. “

Samuel Adams, letter to James Warren, November 4, 1775

8 posted on 10/20/2010 1:42:07 PM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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