Monday, April 16, 2012

CONSTITUTIONAL TIDBIT

(h/t Freedom's Fetters, page 69)

If anyone ever claims that the Preamble to the Constitution gives the Federal government some powers, tell them they are wrong.   This is from Jacobson v. Massachusetts (1905):
We pass without extended discussion the suggestion that the particular section of the statute of Massachusetts now in question (§ 137, c. 75) is in derogation of rights secured by the Preamble of the Constitution of the United States. Although that Preamble indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted.

No comments: