Thoughts on the Federal Constitution After Victories Over State Court Encroachments on Federal Rights

The Constitution entrusts, by and for the benefit of the People of this Great Nation, through the enumerated Article I powers vested in the Legislature, the promises of our Great Charter; to protect those diverse groups among us by instilling the foundations of ultimate democracy, the benefits of prosperity, and the hope of Justice for All citizens.

We the People repose our faith that the Executive branch will faithfully execute these immense powers. But, to be sure, we have also granted authority to an impartial and therefore Judicial branch to see these promises are kept and to see through to fruition enforcement of our collective, and therefore greater, federal rights in this necessarily limited sphere, as counter opposed to those great unwritten powers and rights reserved to the states, or to the People, respectively. Nothing in the Constitution allows the states, from the broad authority granted to them by this instrument’s leaving to them all powers not written within the Constitution, to act through their own constitutions, judicial branches, or state capitols in a manner contrary to that positively enacted and authorized federal legislation, limited though the latter may be by design.

It is for the brave and courageous among us to remain ever diligent, ever persistent in seeking to preserve this necessary balance. It is as shocking, as it is discouraging, to see this balance ignored time and time again. But a victory won defending the Constitution is a sure means to embolden even the most hardened among us to continue to believe in the instrument through which our Founding Fathers sought to preserve this delicate balance, and a further testament to the power of its promise, and the elegance of its execution.

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