Posted on 10/23/2013 9:27:12 AM PDT by MosesKnows
Removing two words from the Constitution would create a government with unlimited powers of legislation.
The People.
No. The Constitution is not about the people.
America's Constitution is unique among the world's Constitutions for that reason. America's Constitution tells the government what it CAN and CANNOT do; not what the people can and cannot do.
Necessary and Proper prevents nearly all limits due to restricted powers.
No, but that does provide food for thought and discussion.
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.
The remaining words “foregoing Powers” refers to the legislative limitations.
Example: Fed gov has no authority in Education.
Fed Gov set up schools for dependents of US military abroad. They were operated by Department of Defense.
When Department of Education started, they desperately wanted some schools to justify their work on elementary school curriculum. They took over The DoD schools.
Commerce clause permits Fed Gov to regulate trade between the states. At some point they decided that any item inside a state could suddenly become interstate trade by being handed to a person with interests in another state. They used N&P clause to take over commerce within states. Wickard v Filburn was a case that permitted regulation of agriculture commodities even if no handing of the commodity to another was involved. Sadly, Congress has not provided new law or amendment to correct that federal overreach.
EPA is another habitually overreaching agency. I could go on for days.
We could all go on for days with examples of legislation that violates the Constitution.
However, the question was about altering words in the Constitution to expand the powers of legislation.
Remove these two words from the Constitution and the powers of legislation are no longer limited.
Article. I.
Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
If the founders had not intended to limit the powers of legislation, they could have written Article. 1. Section. 1. Thusly,
Article. I. Section. 1. All legislative Powers shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
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