How do delegated powers prevent tyranny?

[RJLipkin at aol.com]

A tangential point to this  thread that I do not think is stressed 
sufficiently is this:  "Federalism"  is overwhelmingly regarded as a doctrine that 
protects states from inappropriate  federal intrusion. In fact, however, the 
protection works both ways as several  of the early Marshall Court cases 
established. The doctrine of federalism, of  course, also protects the central government 
from state intrusion. Perhaps  the reason that this aspect of the doctrine is 
not often discussed is due to the  fact that congressional legislation is 
currently presumed justifiable and that  the presumption is rebutted only when 
Congress clearly overreaches or is though  to clearly overreach.
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener  University School of Law
Delaware
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