In 1798, the legislatures of Virginia and Kentucky approved resolutions that affirmed the states’ right to resist federal encroachments on their powers. If the federal government has the exclusive right to judge the extent of its own powers, warned the resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.
Right now, of course, that’s exactly the situation we have — the national government, often through the Supreme Court’s self-granted ability of judicial review — determines the limits of its own power. Not surprisingly, those limits are few.
Read Woods’ entire article here. Thanks to Steven St.Jean for the link.Published in