Lower Court Holding
Decision of the Fourth U.S. Circuit Court of Appeals
We the people, distrustful of power, and believing that government limited and dispersed protects freedom best, provided that our Federal Government would be one of enumerated powers, and that all power unenumerated would be reserved to the several States and to ourselves. Thus, though the authority conferred upon the Federal Government be broad, it is an authority constrained by no less a power than that of the people themselves. "[T]hat these limits may not be mistaken, or forgotten, the constitution is written." — Marbury v. Madison (1803). These simple truths of power bestowed and power withheld under the Constitution have…
