The True Powers of the Federal Government
Posted on 01 September 2010 by
admin
- “Whenever the General Government assumes undelegated powers, its acts
are unauthoritative, void, and of no force.”
- – Thomas Jefferson: Kentucky Resolutions, 1798
Listen to some of these words from our elected Federal leaders. I
don’t know if they convey ignorance or arrogance, or which is worse, you
decide:
Congressman Pete Stark: There are no limits to Federal Power
http://www.youtube.com/watch?v=W1-eBz8hyoE&feature=player_embedded
Congresswoman Nancy Pelosi: Responding to a
’serious’ question regarding the Constitutionality of the Health Care
Bill
http://www.youtube.com/watch?v=q-JByUpfmjQ&feature=player_embedded
Congressman John Conyers: “Good and Welfare” clause
http://www.youtube.com/watch?v=f0VYOa2BRbg&feature=player_embedded
Let us help Mr. Conyers out, there is no such clause.
What he was more than likely referring to is the
“General Welfare” clause and perhaps the “other” clauses he was
referring to were the “Commerce Clause” or perhaps the “Elastic
Clause”.
Regarding the General Welfare, Commerce and Elastic (necessary and
proper) clause, let’s consult the primary author, shall we?
General Welfare:
- “If Congress can employ money indefinitely to the
general welfare, and are the sole and supreme judges of the general
welfare, they may take the care of religion into their own hands; they
may appoint teachers in every State, county and parish and pay them out
of their public treasury; they may take into their own hands the
education of children, establishing in like manner schools throughout the
Union; they may assume the provision of the poor; they may undertake the
regulation of all roads other than post-roads; in short, every thing,
from the highest object of state legislation down to the most minute
object of police, would be thrown under the power of Congress… Were the
power of Congress to be established in the latitude contended for, it
would subvert the very foundations, and transmute the very nature of the
limited Government established by the people of America.”
- – James Madison, Letter to Edmund Pendleton, January 21, 1792 Madison
1865, I, page 546
Commerce Clause:
- “It is very certain that [the commerce clause] grew out
of the abuse of the power by the importing States in taxing the
non-importing, and was intended as a negative and preventive provision
against injustice among the States themselves, rather than as a power to
be used for the positive purposes of the General Government.”
- – James Madison, Letter to Cabell, February 13, 1829
The Elastic Clause:
- “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. The former will be
exercised principally on external objects, as war, peace, negotiation and
foreign commerce.”
- – James Madison, Federalist Papers #45
The Constitution provides enumerated and “implied” powers to the
Federal government, these make up the granted powers of the US
Constitution. The primary enumerated powers are specifically defined in
Article 1, Section 8. Coincidentally, they are also the powers of the
congress, neither the President, nor Judicial branch can “exercise” these
powers. The specific powers of the Executive and Judicial branches are
listed at the bottom of this article.
Enumerated Powers of the Legislative Branch
(Article 1, Section 8 )
- raising taxes (sections 2 and 8 )
- borrow money
- regulate commerce: interstate, foreign and among Indian tribes
- establish uniform rules of naturalization (immigration) and
bankruptcy
- coin money, regulate the value thereof
- punish for counterfeit of official US currency
- est. post office and post roads
- est. rules for rights to patents/copyrights
- constitute tribunals
- punish piracies and felonies of the high seas
- declare war, grant letters of marque and reprisal
- raise and support armies, appropriations of money no longer than 2
years
- provide and maintain navy
- make rules to govern land and naval forces
- call forth state militia to execute laws of union, suppress
insurrections and repel invasions
- organize, arm, discipline the state militia (modern national
guard…sort of)
- establish DC not to exceed 10 sq. miles
- be authority over all places purchased with consent of state
- legislature for forts, magazines, arsenals, dock-yards and other
‘needful buildings’
- make all laws necessary for carrying out these powers
Implied powers are those powers which are allowed to the federal
government to carry out the specifically enumerated powers. For instance,
congress has the implied power to allow for funding of telephone and
information networks for the use of government to carry out its
enumerated powers. ie. they have the implied power to buy a telephone for
GOVERNMENT USE.
This isn’t a GOP or DNC problem, they both have been violating the
Constitution. Demand they stop!
Current unconstitutional initiatives (Short
List):
- Federal Health Care Bill
- Social Security
- Medicare
- Medicaid
- Federal Welfare
- Federal subsidies to farms, Amtrak and other industry
- The Federal Reserve (only congress has the power to coin and regulate
the US dollar)
- Federal Drug War
- All Wars after WWII (none of which had formal declarations of war
issued by congress)
- The SEC, FDA, DOE, DEA, ATF, FCC, etc.
- Fannie Mae, Freddie Mac
- Bailouts of GM, AIG, etc
- Federal regulation of “Arms”
- Cap and Trade (pending)
- Defense of Marriage Act (pending)
Referring to the 10th amendment, the States have the power over all of
these, except coining money and declaring war.
- “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.”
- – 10th Amendment, US Constitution
What powers are prohibited to the States?
Article 1, Section 10 – Powers prohibited of
States
No State shall:
- enter into any Treaty, Alliance, or Confederation;
- grant Letters of Marque and Reprisal;
- coin Money;
- emit Bills of Credit;
- make any Thing but gold and silver Coin a Tender in Payment of Debts;
- pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress:
- lay any Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it’s inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or
Exports, shall be for the Use of the Treasury of the United States; and
all such Laws shall be subject to the Revision and Control of the
Congress.
- lay any duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
What Can We Do About it?
We have constantly moved away from our
de-centralist roots toward a central/national government. How can we
expect for there to be domestic tranquility when we are all casting our
lots at the federal government? We have 300+ million people coming from
50 states with varying cultures, principles, values and ideals. The
Constitution provides us with a structure whereby we can govern ourselves
according to the differing ideals of the people among the various
states.
However, we have to follow the Constitution! Forget about all of the
frivolous hot button issues that keep us fighting over unauthorized
federal power. If we expect a “solution” to our problems, it will come by
decentralizing authority and bringing these issues home to the States and
closer to the people. You want to live in a State that provides
retirement insurance, health care, welfare, etc? Great, do it. Knock
yourself out. But respect my right to live in a State that rejects these
programs and leaves its People to otherwise live according to their own
direction so long as they do not infringe upon the natural rights of
others.
Our Constitutional Republic, although not perfect, offers solutions to
our problems. We simply need to follow it. Ultimately, it is up to us to
enforce it using the power of the State governments, but we have to know
it first.
Learn about Nullification: A peaceful approach to fighting Federal
Tyranny.
- “On every question of construction carry ourselves back to the time
when the Constitution was adopted, recollect the spirit manifested in the
debates and instead of trying what meaning may be squeezed out of the
text or invented against it, conform to the probable one in which it was
passed.”
- – Thomas Jefferson to William Johnson, 1823. ME 15:449
- “Each State, in ratifying the Constitution, is considered as a
sovereign body, independent of all others, and only to be bound by its
own voluntary act. In this relation, then, the new Constitution will, if
established, be a FEDERAL, and not a NATIONAL constitution.” [Emphasis
Added]
- – James Madison, Federalist Papers #39
- “Where powers are assumed which have not been delegated, a
nullification of the act is the rightful remedy.”
- – Thomas Jefferson: Kentucky Resolutions, 1798
- “The true barriers of our liberty are our State governments; and the
wisest conservative power ever contrived by man, is that of which our
Revolution and present government found us possessed.”
- –Thomas Jefferson to A. L. C. Destutt de Tracy, 1811
- “Since the general civilization of mankind, I believe there are more
instances of the abridgment of the freedom of the people by gradual and
silent encroachments of those in power, than by violent and sudden
usurpations; but, on a candid examination of history, we shall find that
turbulence, violence, and abuse of power, by the majority trampling on
the rights of the minority, have produced factions and commotions, which,
in republics, have, more frequently than any other cause, produced
despotism. If we go over the whole history of ancient and modern
republics, we shall find their destruction to have generally resulted
from those causes.”
- – James Madison, Speech at the Virginia Convention to ratify the
Federal Constitution, June 6, 1788
Executive Powers (Article 2):
- Execute Federal Laws
- Serve as commander in Chief
- Commission U.S. military officers.
- Conduct foreign affairs
- Grant reprieves and pardons to Federal Offenders
- Veto Bills
- Convene and/or adjourn sessions of Congress under extraordinary
circumstances.
- Make treaties (Subject to Senate confirmation)
- Temporarily fill vacancies that may occur during the recess of the
Senate.
- Appoint Supreme Court justices and other Federal judges (Subject to
Senate confirmation)
- Report to Congress on the State of the Nation.
- Recommend measures for the Congress to consider.
Judicial Powers (Article 3)
The power of the Federal Judiciary is limited to
judging:
- All cases arising under the Constitution, federal laws, and treaties
- All cases affecting ambassadors; other public ministries, and consuls
- All cases of Admiralty and maritime jurisdiction;
- Controversies to which the U.S. is a party; and
- Controversies between two or more states, a state and the citizen of
another states citizens of different states and citizens of the same
state claiming lands under grants of different states.
http://universityofcommonsense.org/articles/the-true-powers-of-the-federal-government/
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