Tiger
Advanced Member
I believe the first step in determining if there's a federal role in this or any instance is to locate the part of the Constitution (the document that specifies the powers that the federal government possesses) that delegates which branch, if any, has that power.
If no such power has been given to any part of the federal government, that power belongs to the states and their people. That is the underlying governmental logic (the system of "federalism") of the Constitution, and lest we believe that it is "merely" implicit, such logic is certainly made explicit by the Tenth Amendment to the Constitution.
Ignoring the Constitution has been the recipe for creating the behemoth that is now the federal government, destroying the notion of limited central government that the overwhelming number of the founding generation desired - and with very good reason!
Of course, if certain powers are deemed desirable for the federal government to possess, Article V of the Constitution delineates the amendment procedure...and requires the ratification of 75% of the states, also for very good reason.
If no such power has been given to any part of the federal government, that power belongs to the states and their people. That is the underlying governmental logic (the system of "federalism") of the Constitution, and lest we believe that it is "merely" implicit, such logic is certainly made explicit by the Tenth Amendment to the Constitution.
Ignoring the Constitution has been the recipe for creating the behemoth that is now the federal government, destroying the notion of limited central government that the overwhelming number of the founding generation desired - and with very good reason!
Of course, if certain powers are deemed desirable for the federal government to possess, Article V of the Constitution delineates the amendment procedure...and requires the ratification of 75% of the states, also for very good reason.