Government derives its power from the governed and has only that power delegated to it by the governed. As such, the federal government has ONLY those powers specifically delegated to it within the Constitution.
Article 1, Section 8 of the Constitution grants the following powers to the federal government:
The Congress shall have Power To ~~ snipped ~~
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
~~ snipped ~~
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
~~ snipped ~~
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
~~ snipped ~~
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
~~ snipped ~~
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Quite obviously DENY the federal government any powers that are not delegated to it by the Constitution and retain those powers for the PEOPLE and the states.
But then, reading the Constitution never did get in the way of a good socialist or communists argument that the government can do whatever it wants. They simply don't care and preach their drivel until they get enough ignorant people to buy into the concept of the government providing everything they need in some sort of "grass is greener" utopia which cannot be sustained but once emplaced requires violent revolution to remove.
Re-emphasised and snipped for brevity and for my purposes.
The Congressional Powers that I snipped out do not deal with creation of Laws, so I do not wish to discuss them at this time.
Please note that in the first ability for Congress to establish a Law.. it is for very Specific Purposes.. Immigration and Bankruptcies..
Our Constitution does allow our Congress to provide for the Punishment of Counterfeiting.. as it is stated that only our Congress and not our States has the authority to coin money for the United States..
Next, please note the only place's that Congress has the authority to define and punish Felonies.. "committed on the high Seas, and Offences against the Law of Nations"..
If Congress is saying that an act that is committed on Land is a Felony, then it must have been defined as such by a State as Congress was given no such authority!
Where or what is Congress to make rules for??? "the Government and Regulation of the land and naval Forces" no other Rule or Law making is within their granted authority! With the exception of our National Seat of Government, which they are given exclusive authority over.
The catch-all that Congress has used to BS everyone into believing that they have authority that they do not is the Clause that I refer to as the Necessary & Proper Clause.
Please understand that first things first.. not everything that is necessary is proper and not everything that is proper is necessary! In this, what they do, must be both Necessary And Proper! And then it only applies to the what? The Foregoing Powers or to Powers Granted elsewhere in the Constitution.
Someone please show me where if our Congress is not permitted to define Felonies committed on land within the United States, then what gave them the authority to create a US Marshals Service, Department of Justice, FBI, BATFE, Department of Homeland Security, and possibly many more agencies?
As I first discussed, they have the Authority to establish laws for Immigration, so for them to create the ICE is within their granted powers.
To argue that Our Government Trumps all that States may do is not simply untrue, but to believe it is actually the case is nothing less than lunacy!
Too many sheeple exist within our Society that are allowing the Federal Government (Congress and President) to dictate what will and will not be!
That is not Freedom! That is not Liberty!
In order for the sheeple to regain their freedom and liberty, then need to read, need to learn, and then need to speak out against the transgressions and tyranny of those who wish to usurp power not rightfully their's, and dictate to those who are not subordinate or subservient to them, but are actually their Superiors!
We the Legal Citizens of the United States are The People who are the foundation of our Governments Authority! Without us and our permission, Our Government is really nothing! We simply need to remind them who is in charge!