Justice Melville Fuller Quote

“The power of the state to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive.”

~ Justice Melville Fuller

Wilkerson V. Rahrer, 140 U.S. 545 (1891)

Ratings and Comments


W. Pope, San Antonio, TX

This is a must read for the Obama administration

E Archer, NYC

Excellent. I like "conservation and promotion of the public health ... is a power originally and always belonging to the states, not surrendered to them by the general government" Washington is trying to grab more power, plain and simple.

Mike, Norwalk

If I could re-use a quote from the other day, “The people cannot delegate to government the power to do anything which would be unlawful for them to do themselves.” (John Locke) NO! ! ! government, State, Federal or otherwise, has de jure authority, lawful power, right or moral imperative to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity. The cause and effect here is an historically proven oxymoron and the function of "justice" is completely avoided. A valid administration of "order"  sort of alluded to in a passing side note kind of way is that, The further the body or representation gets from the individual sovereign, the fewer duties there are to act upon; and, the Federal Government was never given authority by the Constitution to do such acts as focused on here.

Ronw13, Oregon

Agreed Mike, Norwalk, a bias is present. the same mindset present of socialistic state. 

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