Thomas Jefferson Quotes
The States should be watchful to note every material usurpation on their rights; to denounce them as they occur in the most peremptory terms; to protest against them as wrongs to which our present submission shall be considered, not as acknowledgments or precedents of rights, but as a temporary yielding to the lesser evil, until their accumulation shall overweigh that of separation.
Jefferson, Thomas. "Draft Declaration and Protest of the Commonwealth of Virginia, [December 1825]." The Writings of Thomas Jefferson, edited by Paul Leicester Ford, vol. 10, G.P. Putnam's Sons, 1899, p. 351.
The Federal Fugitive Slave Act required all in free states to assist owners of escaped slaves to return them to their owners. In 1854 a Missouri slave owner tracked his escaped slave to Wisconsin and the Federal officials incarcerated the slave pending his return. A Wisconsin mob broke the slave out of jail and helped him escape to Canada. Sherman M. Booth, Publisher & Editor of the Wisconsin Free Soil Democrat was convicted under the Fugitive Slave Act for aiding the escape. Smith’s opinion overturned the Fugitive Slave Act on the grounds that it had usurped state’s rights. The Supreme Court overturned Smith’s ruling, but Booth was pardoned. See {587927} & {587928}.
The 100,000 Mormons in the Utah Territory rebelled at the hostile Federal officials coming into Utah to run things without the consent of the citizens of the territory. It was a cry for the territorial version of States’ Rights.
President John Adams Alien and Sedition Acts were amongst the worst laws ever passed in America. It totally violated the First Amendment but at the time the Supreme Court had not ruled on the laws which prohibited criticizing the government. Ironically, it was Adams’s son, John Quincy Adams who finally led the repeal effort.
At the time most of the members of Congress were worried about the “General Government”—their term for the Federal Government---than they were, the state governments from which they had come and were in their minds represented. If would be almost a century before it was generally accepted that the States themselves must follow the Constitution and its amendments. Madison was way ahead of his time, and saw that rights must be protected from all levels of government.
The state of Michigan was trying to require adult welfare recipients to undergo random drug testing while adults not on welfare had the Constitutional right to be tested only if there was some reason to suspect them. See for a reaction to the case.
The issue was could a person from another state come into New Jersey and dredge oysters with the same rights and privileges as a citizen of New Jersey? Washington said, no.
The 10th Amendment reserves powers to the states and limits the Federal Government’s powers. However, there are other clauses in the Constitution, like the Commerce Clause (Article I Section 8), which gives the Federal Government authority and control over Interstate Commerce, which in modern society permeates almost all activities of State government, The result is that the federal government / state government power division has been a political issue and not really a constitutional one. At the time Republicans advocated a literal 10th Amendment interpretation and the Democrats favored a stronger Federal Government with more authority and power as stated by the Commerce Clause. Roy had been trying to explain to his fellow Republican strategists that it is hard to attract Blacks to the remainder to the Republican Platform as long as they were insensitive to what the 10th Amendment meant to Blacks historically. The Southern states cited the 10th Amendment more than any other part of the constitution to justify their right to maintain slavery. It was the Federal Government that ended slavery. Under the rubric of the 10th Amendment the South managed to get rid of most of the racial civil rights Reconstruction reforms that were imposed by the Federal Government on the Southern States. And it was the 19th Amendment that was the authority for Segregation for 100 years. And the terrorism of the Klu Klux Klan and the lynching and terror imposed on Blacks by Southern states claiming the 10th Amendment right to do so. Finally, it was the Federal Government, overriding the 10th Amendment with the Commerce Clause and other parts of the Constitution that passed and enforced the Civil Rights Act, the Voting Rights Act, Desegregation and the end to Lynching and other Southern State-Sponsored terrorism. Blacks will not any time soon accede to having the 10th Amendment literal view of the role of government and if Republicans insist on that there would continue to be very few Black Republicans,
Thomas Jefferson was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He had previously served as the second vice president of the United States under John Adams between 1797 and 1801. The principal author of the Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating American colonists to break from the Kingdom of Great Britain and form a new nation; he produced formative documents and decisions at both the state and national levels.
