From the Articles of Ratification of the State of Virginia:
“...that the powers granted under the Constitution, being derived from the people of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression, and thatevery power not granted thereby remains with them and at their will: that therefore no right of any denomination, can be cancelled, abridged, restrained or modified, by the Congress, by the Senate or House of Representatives acting in any capacity, by the President or any department or officer ofthe United States, except in those instances in which power is given by the Constitution for those purposes..”
http://www.usconstitution.net/rat_va.html
Thank John Roberts for this. With his decisions on gay marriage and Obamacare, he is a horrible disappointment. He is verging toward Souter (first Bush), Sandra Day-affirmative action-O’Connor, and Harry baby-killer Blackmun.