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