Government entities--President, Congress, Supreme Court,
States, the United States--have Powers or Authorities--
not rights.
Incorrect...
From the Articles of Conferation:
"the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the states"
and...
"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and RIGHT, which is not by this Confederation expressly delegated to the United States, in Congress assembled."
Proposed amendents from state conventions:
"North Carolina's proposed amendment declared '[t]hat each state in the Union shall respectively retain every power, jurisdiction and right.' South Carolina sought to prohibit a construction that 'the states do not retain every power not expressly relinquished by them and vested in the general government of the Union.' Virginia's proposal insisted ['t]hat each state in the Union shall respectively retain every power, jurisdiction and right,' which is not by this constitution delegated to the congress of the United States."
Constitutional Convention August 18-20, 1787:
In Convention. -- Mr. PINCKNEY submitted to the House, in order
to be referred to the committee of detail, the following propositions: --
"The United States shall be forever considered as one body corporate and politic in law, and entitled to all the RIGHTS, privileges, and immunities, which to bodies corporate do or ought to appertain."
"To fix, and permanently establish, the seat of government of the United States, in Which they shall possess the exclusive RIGHT of soil and jurisdiction."
"Mr. KING moved to insert, before the word "power," word "sole," giving the United States the exclusive RIGHT to declare the punishment of treason.
"Mr. WILSON. In cases of a general nature, treason can only be against the United States; and in such they should have the sole RIGHT to declare the punishment;"
Below are quotes from three JURISTS, who were contemporaries of the founders, and published constitutional commentaries in the early 19th century. The quotes here are only a SAMPLE. These commentaries are sprinkled with references to rights and powers of governments.
The commentator's below are referenced by date published.
St. George Tucker:
"The state governments not only retain every power, jurisdiction, and RIGHT not delegated to the United States, by the constitution, nor prohibited by it to the states, but they are constituent and necessary parts of the federal government"
"it is likewise a maxim of political law, that sovereign states cannot be deprived of any of their RIGHTS by implication; nor in any manner whatever by their own voluntary consent, or by submission to a conqueror."
"From the moment of the revolution they became severally independent and sovereign states, possessing all the RIGHTS, jurisdiction, and authority, that other sovereign states, however constituted, or by whatever title denominated, possess."
"Whether this original compact be considered as merely federal, or social, and national, it is that instrument by which power is created on the one hand, and obedience exacted on the other. As federal it is to be construed strictly, in all cases where the antecedent RIGHTS of a state may be drawn in question."
"The sum of all which appears to be, that the powers delegated to the federal government, are, in all cases, to receive the most strict construction that the instrument will bear, where the RIGHTS of a state or of the people, either collectively, or individually, may be drawn in question."
William Rawle:
"A high function also appertains to the judiciary in the EXCLUSIVE RIGHT to expound the Constitution, and thereby to test the validity of all the acts of the legislature."
"The natural inclination of those who possess power, is to increase it. History shows that to enlarge the description of treason has often been resorted to as one of the means of increasing power. To have left to the legislature an unlimited RIGHT to declare what should amount to this crime would have been less consistent with public safety, than to fix, by common consent, its plain definition and exact limits."
"The United States, therefore, justly reserved to themselves the RIGHT to punish this high offence, and the state courts, since the adoption of the
Constitution, have abstained from intermeddling with prosecutions on account of it."
Joseph Story (appointed to the Supreme Court by James Madison.)
"The first resolution adopted by the convention on this subject of the powers of the general government, was that the national legislature ought to be empowered to enjoy the legislative RIGHTS vested in congress by the confederation, and moreover..."
"Nor can any power be inferred in the states to regulate commerce from other clauses in the constitution, or the acknowledged RIGHTS exercised by the states."
"While this sheet was passing through the press, President Jackson's Proclamation of the 10th of December, 1832, concerning the recent Ordinance of South-Carolina on the subject of the tariff, appeared. That document contains a most elaborate view of several questions, which have been discussed in this and the preceding volume, especially respecting the supremacy of the laws of the Union; the RIGHT of the judiciary to decide upon the constitutionality of those laws; and the total repugnancy to
the constitution of the modern doctrine of nullification asserted in that
ordinance. As a state paper it is entitled to very high praise for the clearness, force, and eloquence, with which it has defended the RIGHTS and POWERS of the national government. I gladly copy into these pages some of its important passages, as among time ablest commentaries ever offered upon the constitution."
[the following are selective quotes from Jackson within the above passage]
'"The constitution has given expressly to congress the RIGHT of raising revenue, and of determining the sum the public exigencies will require. The states have no control over the exercise of this RIGHT, other than that, which results from the power of changing the representatives, who abuse it, and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of others, with which they are vested.'
"What are they? Every law, then, for raising revenue, according to the South-Carolina Ordinance, may be rightfully annulled, unless it be so framed, as no law ever will or can be framed. Congress have a RIGHT to pass law for raising revenue, and each state has a RIGHT to oppose their execution, two rights directly opposed to each other; "
"No one, fellow citizens, has a higher reverence for the reserved RIGHTS of the states, than the magistrate, who now addresses you."
The above quotes aren't flukes, there's plenty more where they came from.
