Join me in standing up for our Fourth Amendment protections by emailing your Congressperson asking them to co-sponsor the Email Privacy Act now.
The plain understanding that the Constitution only gave the general government the powers that were specifically enumerated was not a “theory” during the Constitution’s writing or adoption by the states. On the contrary, it was the only understanding reached by the states, and held until modern reinterpretations of the Constitution took hold. From the origin of the ratification debates, James Wilson’s “State House Yard Speech” confirms this to be the case. To the accusation that the Constitution gave the general government powers which were not explicitly stated, Wilson responded to such an assertion by noting that “everything which is not given is reserved.” Wilson said that power in the Constitution is not granted by “tacit implication, but from the positive grant expressed in the instrument of the union.”
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