According to
John Locke, people give up their rights in the form of a
social contract with other people for the protection of
life,
liberty, and
property.
Thomas Jefferson restated, or better yet, plagiarized Lockes ideas in the
Declaration of Independence. The founders believed this
social contract was in regards to the
states since they were the first government over the people after
independence was declared.
State governments have what is refered to as police power. This is the power to
legislate for the
health,
safety,
welfare, and
morals of the community. The part about morals has been dropped. Basically, when
legisatures get together to pass a bill, they first have to find out if they have the power.
The federal
Congress looks in
Article I, Section 8 for the
enumerated powers. The
State governments ask themselves if the bill promotes for the
general health, safety, or welfare of the community. If it does, they can pass the bill, and that is police power.