In 1842, SCOTUS handed down the terrible decision in Prigg v Pennsylvania.  SCOTUS drastically expanded the federal government’s so-called power under the Necessary and Proper Clause, and made other unconstitutional rulings in this decision. But the one good thing to come out of this decision was that the court held states cannot be “compelled to enforce” the Fugitive Slave Act.  Rather, the national government is responsible for carrying into effect its own policies.  This limitation on congressional power became the foundation for the “anti-commandeering doctrine.” Thus, SCOTUS now holds that Congress lacks the power to “commandeer,” or force, states to implement federal programs.

In 1833, SCOTUS decided Barron v Baltimore, claiming the Bill of Rights only limited Federal power, not State power. The 39th Congress drafted the 14th Amendment, in part, to reverse the decision in Barron. However, we must look to the text itself for the answer on this issue. Yes, the 1st Amendment references “Congress shall make no…” but NONE of the other Amendments have such language. Nothing in the other initial amendments allows the States, while prohibiting Congress, from taking specified actions. Rather, the language of those Amendments focuses on the perspective of the person – and how the individual’s rights shall not be infringed. Period.

In 1824, SCOTUS decided Gibbons v Ogden, interpreting the Constitution’s Commerce Clause. These days, the government uses the Commerce Clause as an excuse to exercise broad control over many aspects of our lives. While the Gibbons decision seemed to rely on a broad definition of commerce, it still properly recognized that Congress only has the authority to regulate commerce with foreign nations, commerce among the several states, and commerce with Indian tribes. In other words, in matters of solely intrastate commerce, Congress has NO authority to regulate. Unfortunately, these days our government (including SCOTUS) unconstitutionally allows Congress to interfere with intrastate commerce. Remember, the government only has those powers expressly granted to it in the Constitution. We The People need to start reining our government in.