Quote Originally Posted by jiminnm View Post
I do not ascribe to the theory that all govt power is constitutional unless it is expressly prohibited. I think that constitutional provisions should be applied positively - i.e., did the govt act pursuant to a granted power? The premise behind our country's formation was that all governing powers inherently belong to the people, but the people were willing to grant powers to federal and state governments where it made sense to do so. We've argued about what that means for 235 years, but it still strikes me as a sound principle.
It's not a theory...

If the constitution does not not express certain scenarios then it is allowed or permitted.

For example, our state laws permits the carry of concealed weapons with a permit. However, it does not state anything about openly carrying a weapon. Therefore, Michigan citizens has a right to carry a weapon openly.

Our Founding Fathers saw that certain issues will arise. This is why the constitution allocate for Amendment. If you don't like it, then change the Amend the Constitution.

Otherwise deal with it.