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"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite." -- James Madison, The Federalist No. 45

Regardless of the outcome Tuesday, the losers will be citizens who desire a smaller federal government, less spending and a decrease in taxes. Even the most "radical" proposals -- advanced by Sen. John McCain -- merely call for a spending freeze on most federal agencies and a hold-the-line approach to taxes. These are hardly revolutionary initiatives.

The Founders, including staunch Federalists such as James Madison and George Washington, would be astonished by the size and scope of the modern national government, and by the crushing tax burden on the average citizen. Federal power, Madison wrote, would be "exercised principally on external objects" such as "war, peace, negotiation, and foreign commerce." State power, in Madison's view, would "extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the state."

Most of our fellow citizens are aware of the meaning of the First Amendment; nearly as many are well-versed on the Second. But an informal poll of my co-workers, friends and acquaintances suggests that the Tenth Amendment is long-forgotten. With very few exceptions, my inquiries about the meaning of the Tenth were met with blank stares. Of course, we moderns care little about the intentions of the Founders, and the Constitution is not a priority in our public schools.

Yet, the Tenth Amendment is, according to Thomas Jefferson, "the foundation of the Constitution." It was designed to allay the fears of many Founders about excessive power residing in the central government. In fact, many of our most revered leaders -- George Mason, Samuel Adams, Patrick Henry -- opposed ratification of the Constitution because it lacked a Bill of Rights.

The first 10 amendments were drawn up to satisfy the document's critics. The Tenth Amendment reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Moving "a single step beyond" the powers explicitly granted, Jefferson wrote, "is to take possession of a boundless field of power."

What, then, are the powers explicitly granted? They are detailed in Article I, Section 8, which says, "The Congress shall have power to lay and collect taxes, duties, imports and excises, to pay the debts and provide for the common defense and general welfare of the United States...." Although this passage is followed by a list of 16 specific powers, the "general welfare" clause has been abused to justify an ever-increasing expansion of federal authority.

A series of Supreme Court decisions, beginning in the mid-19th century, gradually eroded the Tenth Amendment's limitations on federal authority. Early in the 20th century, Congress pounced on the "commerce clause" (another loophole) and passed multiple bills that arguably violated the Tenth Amendment. Madison's intent has been ignored and Jefferson's fears realized.

The consequences are predictable: According to Citizens Against Government Waste, the 2008 budget contained $17.2 billion dollars worth of "pork." And both parties are guilty. The group's Web site reports that North Carolina Sens. Dole and Burr, both Republicans, are responsible for $133 million and $117 million, respectively, in pork-barrel spending. Rep. Charles Rangel, a New York Democrat, scored nearly $2 million for the aptly named "Charles B. Rangel Center for Public Service." Republican Sens. Susan Collins and Olympia Snowe of Maine brought home $188,000 for their home state's Lobster Institute.

As you might suspect, Article I, Section 8 of the Constitution is silent on the issue of lobster institutes. Citizens Against Government Waste provides an extensive list of budget cuts, most of which are painless. They suggest that we abolish, for instance, payments to "socially disadvantaged" farmers and ranchers, which would result in saving, over five years, $32 million. And how about eliminating operating subsidies for vacant public housing? Five year savings: $261 million. If we discontinued funding for the National Endowment for the Arts, we could save $678 million.

The Citizens' Web site contains more than 200 recommendations, the cumulative savings of which could fund innumerable lobster institutes. Or, better yet, a massive refund to American taxpayers.

The Tenth Amendment is no longer fashionable, but we should remind Congress and the next president that the Founders believed in a limited federal government. "The ultimate authority," as Madison wrote, "resides in the people alone."

Charles Davenport Jr. (daisha99@msn.com) is a freelance columnist who appears alternate Sundays in the News & Record.