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"Agreed they restrict people's rights and they do this with power's granted them under the Constition (or should be - that's why we have a Judicial branch - to make sure legislatures and exuctives follow the rules as laid out in constitutions)"

As long as these powers are enumerated, I have no problem. I do understand that sometimes rights conflict, or that powers are not always clear.

'The point is, if the Constitution doesn't specify a power to legislate in an area, where does the legislature get the power to do so?' (me)

"The federal or state constitution which is an agreement between the people and the government." (you)

But I was saying if the federal or state constitutions don't specify a government power, where does the legislature get the power?

"I agree in general, however I do think the 13th amendment was necessary to make sure that rights weren't denied based on race because so many insisted slavery was a natural right because it wasn't specifically prohibited or granted."

I agree, reluctantly, that certain rights are necessarily enumerated. We have become far too ready to only see our rights though as being what the Constitution says, and letting the Government assume powers that the Constitution does not grant.

I agree, reluctantly, that certain rights are necessarily enumerated. We have become far too ready to only see our rights though as being what the Constitution says, and letting the Government assume powers that the Constitution does not grant.

Well I think the founders saw Government "of the people". Therefore a republic containing of a constitutionally defined and elected legislature would represent and exercise the rights reserved to the people. And the power of this branch (which is the closest to the people) would be checked by a Constitution that reserved specific rights about which Congress could "make no laws". Unfortunately Government has drawn very distant from "the people" as we now have professional full-time legislators who are distinctly different from the people. Were we to have the people voting on everything and reserving all rights to themselves alone, we wouldn't have a republic.