On Government and the Tenth Amendment

In explaining the virtues of the U.S. Constitution, Patrick Henry once said, “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government – lest it come to dominate our lives and interests.”

Henry lived in an age where what the king proclaimed was law. The king was the sovereign and, befitting of such a title, his rule was not to be questioned. Thus, the government conducted at the hands of the king often followed the whims and fancy of the monarch. His rule was not unlike the dictatorial styles of many tyrants today. Few typified this more than King George III, the monarch from whom we as Americans declared our independence in 1776.

Throwing over a despot may be rather simple. The devil is in the details of providing sufficient freedom through accountability. As the patriots of old threw off the chains of a monarchy, a government needed to be installed, lest anarchy become the rule of the day. Our founding fathers chose to install a democracy within a republic, by means of a Constitution.

A constitution is simply a founding document for an organization. Within its words are laid the rights and responsibilities of the institution and its members. With the U.S. Constitution, we see express powers given to the Executive, Legislative, and Judicial branches of our government. But not every power is expressly surrendered to our government.

In fact, the Tenth Amendment recognizes that fact when it says, “The powers not delegated to the United States . . .are reserved . . . to the people.” Thus, Henry’s explanation comes into focus.

Our freedom is at its greatest when government is most restrained. Our government, unique among a variety of forms, does not act upon the whim and fancy of a sovereign. Ours is a government instituted by its people. Our citizenry determines how far the government will reach. Our government is one of accountability.

One of Patrick Henry’s contemporaries, Thomas Paine, made the observation, “Government at its best is a necessary evil, and at its worst, an intolerable one.” We need government to maintain order, to provide for the common defense; however, only in a limited, accountable fashion do we provide for a government to use some of those rights corporately to do that which we cannot do individually. The rights remain our own. Government is not the panacea for a world of trouble.

The more we relinquish our rights to government – expressly or by silent inaction – the more it will come to “dominate our lives and interests.” Exercise your freedom. Restrain your government.

Copyright: Jeremiah G. Dys, Esq. May not be used absent express, written permission. Please contact the author for permission to reprint.