How to Use "Hamilton's Legislative Test" to Determine Compliance With Constitution

If you have difficulty identifying Constitutional compliance of A. H.R. 4213; and B. a recently added statement from a State Constitution; "Hamilton's Legislative Test" can help you.

A. "..(3)ALLOCATION RULES-The Secretary shall provide rules for defining total expected annual revenue and for the appropriate and consistent allocation of total expected annual revenue among clauses (i), (ii), of paragraph (1)(D), except that the entire amount of such revenue shall be allocated among such clauses and no amount may be taken into account under more than one clause..(H.R. 4213 American Jobs and Closing Tax Loopholes Act of 2010.)"

B. "SECTION 1 All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require. (California Constitution; Chapter 2: VOTING, INITIATIVE, AND REFERENDUM AND RECALL; Article 2:1)".


  1. 1
    As you read A and B, or any other source of legislation, city, county, state, federal, commission, regulation, remember the Constitution is a "set of instructions and rules for the government; not the people.". The Constitution is the 'fulfillment of the promise' for the people. The founders meant The Constitution, and its Twin - The Declaration (The Promise)to be read by "We the People" from age 7-8 intermittently through the voting years of adulthood.
  2. 2
    The State Constitutions recognize The Supreme Law of the Land.
  3. 3
    Does the Constitution, in express terms, grant Exclusive authority to the Federal government to exercise this power?
    • A.
    • B.
  4. 4
    Does The Constitution grant authority to the federal government to exercise this power and prohibit it for state government?
    • A.
    • B.
  5. 5
    Does the Constitution grant authority to the federal to exercise this power and would it be absolutely and totally repugnant for the states to have similar authority?
    • A.
    • B.
    END of "Hamilton's Legislative Test"; but Not the end of Amendment X;
  6. 6
    Does the Constitution Not grant power, Nor authority to either the federal or the state governments?
    • A.
    • B.
  7. 7
    Depends on your results of applying the criteria.
  8. 8
    > If you answered 'NO' to all 3 questions for both A and B; then the power and authority rests in the states.
  9. 9
    > If you found A and B of all 3 questions 'NO'; But A and B of #4 - 'YES', then you have applied the Tenth Amendment and established that both A and B Statements, with any legislation you read, belong " the people.".
  10. 10
    > If you agree, with questions or with conflict, in the results, then you need to obtain the resources behind the subject of legislation. Resources abound, but with Constitutional issues, the original documents are the best resource. Much of modern resources can be lopsided due to bias, revisionist history, or other factors common in Political definitions.
  11. 11
    Action to take when legislation, etc. is Not in Compliance with the Constitution:
  12. 12
    >Write to your representative at what-ever level of government the legislation affects, Congress and State in the #1-4 above. Party affiliation is Not Involved. Be clear about how you address the issue you identified. He/she may not answer. That moves the representative off your support list. Look for allies and perform the grassroots. Keep after your legislative members with the consequences of "Silence"! Our Constitution (and Declaration) does not know party. "All governments naturally tend towards tyranny because they are easy prey for men to exploit for money and power. One of the best to control government is with written documents that are universally accepted."


  • When you are learning a subject that is very aggravating because you disagree, angry, or just can't understand; turn the frustration around and ask yourself: What is in this that makes me angry or prevents me from completing tasks? Why am I having trouble understanding? Then talk to yourself about the subject describing what you know..eventually you will go "oh!"!

Things You'll Need

  • Copy of Constitution; CA Constitution; Federalist Papers; Bill, Act, Commission, Regulation, law, copied. Websites for above. Websites for Representatives, party, organizations which support, or not, views.
  • As much history as you can manage all of the time.

Sources and Citations

  • California Constitution Article II:1
  • The Constitution of the United States
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Categories: Unclear Articles | Law and Legislation