- Sep 30, 2019
- Reaction score
- Political Leaning
So, you think the 4th Amendment does not limit the government. Odd.
That you make the statement indicates you have a gut level understanding of the power native to a state. We force the governmental entity to follow forms and procedures to limit what it could do.
Then, you have no excuse.
That said, your approach makes some sense within your division of the government. Before a magistrate, the situation appears to be reversed. The executive must show enabling authority from the legislature, allow for the rights enumerated by the Constitution or the statute, and respect judicial authority. We call them checks and balances. The point is that the power is there, just fragmented. The government can do almost anything that the three branches can agree to do, up to and including destroying life on this planet.
You stated the Constitution doesn’t give the government power.
The Constitution gives three types of power to the national government:
1. DELEGATED (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office. In all, the Constitution delegates 27 powers specifically to the federal government.
2. IMPLIED POWERS are not specifically stated in the Constitution, but may be inferred from the elastic (or "necessary and proper") clause (Article I, Section 8). This provision gives Congress the right "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and other powers vested in the government of the United States." Since these powers are not explicit, the courts are often left to decide what constitutes an implied power.
3. INHERENT POWERS are not specifically listed in the Constitution, but they grow out of the very existence of the national government. For example, the United States has the power to acquire territory by exploration and/or occupancy, primarily because most governments in general claim that right.