Where is the Constitutional Authority?

Where is the Constitutional Authority?
10 September 2009
By Charles A. Hall, “Tony”

I believe I’ve become a U.S. Constitution Watchdog and an activist for the Supreme Law of the Land – the Constitution of the United States of America – to be followed and no longer ignored. In American politics I believe in two things: The People and The Constitution. Please note that order: The People and The Constitution. The first three words of the Constitution clearly state “We the People”. It wasn’t “We the Federal Government” or “We the States”. No, it was “We the People”. The People did “ordain and establish [the] Constitution of the United States of America.”

I have read the Constitution in its complete form within the last two months and I believe that is more than can be said for probably the President of the United States, Barack Hussein Obama, Vice President Joseph Biden, Speaker of the House Nancy Pelosi (D-CA), Senate Majority Leader Harry Reid (D-NV), Democrats and Republicans in the United States Congress.

I was listening to the Glenn Beck program last week and a caller called in and talked about how she and others hand addressed envelopes and provided a mailer out of their own pocket to members of the United States Congress. This mailer had a piece of paper about their mission for the mailer, a copy of the Constitution of the United States of America, and a small 3x5 card that they asked for them (Congressman and Senators) to sign that they would read the Constitution. She received only one card back. She did this back at the beginning of the year. Why is it so hard to read the Constitution and send a card back making a promise you’ll read the Constitution and live by it? Very interesting, right?

The People of the United States of America ordained and established the Constitution of the United States of America because they had been oppressed by King George and the British Empire. The Founding Fathers – George Washington, Thomas Jefferson, James Madison, Benjamin Franklin, and many others – didn’t trust a strong Federal Government! They wanted the powers of the Congress to be limited to those outlined in Article 1, Sections 8 and 9 (http://www.usconstitution.net/const.html#A1Sec8 and http://www.usconstitution.net/const.html#A1Sec9).

“Now wait, Charles, the last line of Article 1, Section 8 states: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Ah, yes, the “necessary and proper” clause. Okay, let us look at that. It says they can “make all Laws which are necessary and proper for carrying into the Executive the FOREGOING Powers.” [Emphasis Added] What is FOREGOING powers? They are the ones listed in Article 1, Section 8! How about the “Constitution for Dummies” version: “To make laws to carry out the powers listed above in Article 1, Section 8.” That is quite simple, right?

“Now wait, Charles, the first line of Article 1, Section 8 states: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

Does the “general Welfare” mean a National Health Care system? NO, IT DOESN’T! Look at the beginning of the clause: “To lay and collect Taxes, Duties, Imposts and Excises.” It is giving Congress the power to do that awful “T” word: Tax. By laying (making tax law) and collecting taxes Congress is to: pay off National Debt, provide for defense and security (armies and navies found later on in Section 8), and general welfare.

“Now wait, Charles, again, what is ‘general Welfare’?”

I couldn’t say it any better then this: “Unlike most General Welfare clauses, however, the clause in the U.S. Constitution has been interpreted as a limitation on the power of the United States Congress to use its powers of taxing and spending” (http://en.wikipedia.org/wiki/General_Welfare_clause). Does that sound like National Health Care is allowed?

In 1791 Alexander Hamilton wanted to create a “National Bank,” meaning it was run by the Federal Government. “However, as early as February 1791, Hamilton had treated the subject of the general welfare in his ``Opinion on the Constitutionality of the National Bank''--written after Washington's Secretary of State Thomas Jefferson, and his Attorney General Edmund Randolph, had both declared the creation of a national bank unconstitutional” (http://american_almanac.tripod.com/welfare.htm). Now if they, the Founding Fathers (namely Thomas Jefferson – Author of the Declaration of Independence and Third President of the United States), in 1791 thought the creation of a National Bank was unconstitutional though Hamilton cited the “general Welfare” clause how then would the Founding Fathers now view present-day Congress trying to create a “National Health Care System” under the same clause. I believe they would strike it down in a heartbeat.

I’m taken back to a line in the movie Batman Begins where, after twenty years since Thomas Wayne (Bruce Wayne’s father) was murdered, they (Wayne Enterprises Board of Directors) were talking about heavy weapons manufacturing. One board member said, “I don’t think Thomas Wayne would have view heavy-weapons manufacture as a suitable cornerstone for our business.”

The Chairman of the Board says, “That was twenty years ago, Fredericks. I think after twenty years we can allow ourselves to stop thinking about what Thomas Wayne would have done.”

Do you think that President Obama and members of Congress are thinking the same way? “I think after two-hundred plus years we can allow ourselves to stop thinking about what the Founding Fathers would do.” I certainly hope not!

What has the Office of President and the United States Congress done that isn’t listed as a power in the Constitution?

-Bank Bailout (under President George W. Bush)
-Auto Bailout and “Stimulus” Package (under President B. Hussein Obama)
-The House passed Cap-and-Trade
-Government takeover of General Motors
-Health Care Reform

Those are the major issues they have used their non-existent powers on!

James Madison, Founding Father, Father of the Constitution and Bill of Rights, said this in Federalist #45 (http://www.constitution.org/fed/federa45.htm):

-Powers delegated to the Federal government are few and defined
-Powers remaining in the State governments are numerous and indefinite

The powers delegated (given) to the Federal Government are “FEW AND DEFINED” [Emphasis Added] and the “REMAINING” [Emphasis Added] powers to the States are “NUMEROUS AND INDEFINITE” [Emphasis Added].

Here is the Father of the Constitution and the Bill of Rights clearly stating, “Congress! These powers are it! You have no more and no less powers then these powers right here! No More, No Less! Everything else is to the States!” How much more clearly can you get then straight from the horse’s mouth?! The Father of the Constitution should know, shouldn’t he? “If it doesn’t list it here it isn’t yours!”

The Tenth Amendment in the Bill of Rights clearly states: “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.” What powers are those? The ones found in Article 1 for Congress! The ones found in Article 2 for the President! The ones found in Article 3 for the United States Supreme Court! NO MORE, NO LESS! “If it doesn’t say it’s yours then it is theirs, the People and the States!”

I don’t read anything in the Constitution of the United States that says the Federal Government, the President, or Congress can pass any legislation or sign any legislation on bank bailouts, automaker bailouts, cap-and-trade, government takeover, health care reform, or any other brilliant yet unconstitutional “idea”! They don’t have the power to do it so don’t do it!

Here is a great video to watch on Article 1, Section 8 that I found put out by a U.S. Constitution Patriot and Watchdog like myself:

Article 1, Section 8


They, the President and Congress of the United States of America, DO NOT, repeat DO NOT, have the power to do even 95% of the things they do! We need to stop ignoring them and start checking them out! Yes, vote them out! Place term limits on them! Make them follow our governing document. The Constitution was created of some really bright guys, brighter then anyone in Congress or the President is now or ever will be!

STOP MAKING UP CONSTITUTIONAL AUTHORITY THAT DOESN’T EXIST!

Question: Where is the Constitutional Authority?
Answer: It doesn’t exist!

Respectfully,

Charles A. Hall, “Tony”
www.charlesahall.com

E-mail to Congressman Chaffetz - 22 July 2009

Dear Congressman Jason Chaffetz,

First, let me thank you for representing me and my family located here in Utah's Third District. Both my wife and I voted for you and I am so far very pleased with your voting record during your Freshman Year in the House of Representatives.

Second, thank you for voting against HR 2454 (Cap and Trade). Though it did pass the House I already have personal word from Utah Senators Orrin Hatch and Bob Bennett that they will be voting against it in the Senate. Thank you for your effect to defeat the bill.

Third, I would like you to vote against Universal Healthcare being presented in the House (and Senate) at this time. I do not agree with it and I believe it is overstepping the boundaries of the Federal Government. It is taking away my freedom of choice, my wife’s, focusing more taxes upon me and my wife in an already difficult time for us. Vote No!

Last, I have a few questions about Constitutional Authority on several issues:

1. Where does Congress get its authority for Cap and Trade under the Constitution of the United States?

2. Where does Congress get its authority for universal health care under the Constitution of the United States?

3. Where does the United States Attorney General get his authority to issue arrest warrants for Taliban insurgents at the request of the President of the United States under the Constitution of the United States?

I would very much like you to get me those answers as I have not yet found them.

Again, thank you very much for all your do representing me and Utah's Third District.

Respectfully,

Charles A. Hall, "Tony"
www.charlesahall.com

E-mail to US Senators Hatch & Bennett

My e-mail to the United States Senators Orrin Hatch and Bob Bennett - Senators for the State of Utah - on the upcoming Cap and Trade Bill (which I've nicknamed the Crap and Traitor Bill) that passed the House of Representatives and being introduced in the Senate.

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Dear Senator Orrin Hatch/Bob Bennett,

As one of your constituents in the Great State of Utah I am very concerned about the upcoming American Clean Energy and Security Act of 2009 (H.R. 2454) being introduced in the United States Senate. It recently passed in the United States House of Representatives in a 219 - 212 (Roll no. 477) vote, making it one of the largest tax bills in the history of the United States of America.

In my own research it will increase my family's taxes nearly $1000 a year! This isn't what America needs in this time of economic crisis!

When this bill is introduced in the Senate I want you to vote "NO!" on this tax bill! It basically increases the taxes of every American in the United States and gives more control of the country to the Federal Government, appointed - not elected - persons in the Executive Branch, and more!

VOTE "NO!" ON H.R. 2454!

Thank you for your time and service as my elected representative in the Senate. I and many other Utah will be will be following your vote on this damaging bill very closely.

Respectfully,

Charles A. Hall, "Tony"
www.charlesahall.com

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This bill must be stopped at all costs!

The Global Warming Scandal!

Originally Posted 27 June 2009:

I do not believe in the Global Warming Scam! An official statement from me to everyone that believes in man made global warming! I do not believe in the Global Warming Scam!

Around this time last year (2008) conservative talk radio host Rush Limbaugh talked about how the same scientists were screaming "GLOBAL COOLING!" in the 1970s are the same people now screaming "GLOBAL WARMING!" He pointed out that for several decades now the countries in Europe have been taxing their citizens to "solve the global warming crisis" but they have nothing to show for it except increasing people's taxes.

With a vote of 219 to 212 the passage of HR 2454 - "American Clean Energy and Security Act of 2009 (AKA Cap and Trade Act)" - in the United States House of Representatives yesterday (Friday, 26 June 2009) showed that our elected representatives are following the same course Europe is, taxing the citizens of the United States in a scam! It all comes down to the all mighty dollar (even though the United States Dollar is losing its mighty value).

In the three hour debate yesterday Rep. Barbara Lee (D-CA) said, "I rise today in support of HR 2454, which really does send a clear... message that polluting our planet, our communities, and our livelihood no longer comes without cost." That cost is your hard earned dollars! If you breath, if you turn on your computer, if you do ANYTHING you are polluting the planet, community, and livelihood! You must pay for your living!

Just today I learned on the Facebook Group Our Country Deserves Better of a video produced and aired on Channel 4 in the United Kingdom called "The Great Global Warming Swindle."

Here is the 10 minute version of the highlights of the video, called "The Global Warming C02 Scam":



Here is the full version of "The Great Global Warming Swindle":

Global Warming is a scandal that has struck to the very heart of almost every government in the world. It is a scandal that has gone all the way to the Oval Office in the White House! It is a scandal that stretches across the global.

What I do believe is that greenhouse gases, the sun, and other NATURAL factors are the causing of the warming of the earth. Co2 is a natural part of our every day life. As you sit there and read this you are breathing, producing natural Co2 gas. Why is it natural? Because breathing is a natural thing to do. If you do not breath you do not live. Even when you die and when you body breaks down Co2 is released. Co2 is natural!

I encourage all to watch the videos above (more so the full version then the highlights) and see what is not being said in the American mainstream media.

Again, I do not believe in the Global Warming Scandal! We can no longer allow a scandal, a scam, a flat out lie to control our government and our lives!