Pol Sci 101

Constitution and the Bill of Rights

The Constitution establishes 3 branches of government: executive, legislative and judicial.  The founders believed they were entering a voluntary compact among states rather than yielding their sovereignty to an all powerful  national government.  In fact, The Federalist #45 Madison explained that the powers delegated to the federal government was 'few and defined,' while those remaining with the states were 'numerous and indefinite.'

 According to Article II of the Constitution, 'each state retains its sovereignty, freedom, and independence and EVERY power, jurisdiction and right...'

According to Article III  the  states entered into a formal relationship for "common defense, security of liberties, their mutual and general welfare."

The Bill of Rights purpose is TO LIMIT the authority of the federal government. Technically, these are not 'our rights' it  limits the  federal government! It is not exhaustive of the rights of the people or state.



Ninth Amendment
This amendment was drafted to address the concerns of those who feared that if certain rights were singled out for protection, all other rights would be insecure. 

Tenth Amendment
Guarantees the states' rights to self-government.  If it is not spelled out in Article I, Section 8, then it remained reserved to the states or to the people.

In conclusion, the Constitution puts chains around the  powers of federal government limiting their sphere.  To ensure those at the federal level understood the proper sphere the Bill of Rights gives them specific but not exhaustive rights that the federal government CANNOT INFRINGE!

Next assignment:
 Read the First Amendment and answer this question:
 LBJ passed and signed 501c3 is this constitutional?