"Ha Ha Ha ... what is this 'Constitution' of which you speak?"
Posted on 07/20/2009 8:46:28 AM PDT by sovereignty2
How can Congress get around the Tenth Amendment and regulate almost every aspect of American life?
One way is by claiming that the Tenth Amendment doesn’t apply because Congress is merely acting within the scope of its enumerated powers. But to make this claim, one must assume that some of the enumerated powers are much broader than they really are.
One of the enumerated powers cited by advocates of the modern monster-state is the Commerce Power. This derives primarily from two sources:
(1) the Constitution’s grant to Congress of authority to “regulate Commerce . . . among the several States” and
(2) the Constitution’s grant to Congress of authority to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers. . .”
According to promoters of the monster-state, those constitutional phrases go further than allowing Congress to regulate trade among the states. They also allow Congress to control manufacturing, wages, agriculture, crime, mining, land use, firearm possession, and a range of other activities.
How can they justify this? Basically, they make two arguments...
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Basically, Congress ignores that the Constitution was primarily written to LIMIT the power of the federal government.
Another way to repair the Commerce Clause problem is to repeal the 17th Amendment. Major Commerce Clause abuse didn’t begin until the perfect storm of FDR and the 17th Amendment, which had been in effect for some time then allowing the slow corruption of popularly elected senators.
Repeal of the 17th would allow state legislatures to begin appointing senators, which would then kill said commerce clause regulations because the states would viciously fight each other over usurping each other’s authorities via federal government. Which was the original idea! The senate would cause bills calling for such regulation to grind to a halt because states would battle and ultimately kill those stupid ideas of overreaching federal control in favor of their own regulatory ideas.
In the future, please place content from your blog into our bloggers forum.
Thanks,
I’m now convinced, the “Equal Protection Clause” was the death knell of our Republic. Sorry Mr. Franklin, we couldn’t keep it.
The movement to repeal the 17th was just beginning to get some momentum until Blagojevich in Illinois put up Obama's old Senate seat for sale to the highest bidder. That's the type of corruption which got the people to demand popular election of senators.
(The case allowed the DEA to confiscate, by dynamic raid, a half-dozen pot plants grown for personal use by a terminally ill woman under doctor's care and legal under state (CA) law. The rationale was that by growing her own pot, she MIGHT have purchased an ILLEGAL product which MIGHT have travelled interstate, so by allegedly REDUCING demand in an interstate market she affected interstate commerce and thus her activity could be punished and her product seized.)
This is an old debate and quite frankly seems to be primarily the bastion of the fringe constitutionalists.
You have to be very careful to distinguish true interstate issues where one state is trying to garner power at the expense of others.
Think of driver’s licenses. Each state issues its own, but if one state does not recognize another’s, then the “ties that bind” the states together start to break appart.
This is also why the fed passed the DOMA in 1996, the democrats did a serious calculation that full faith and credit would eliminate it.
If anything the federal government is abdicating its federal commerce duties by allowing states like california to bully environmental regulations on autos upon the other states.
Just be a bit thought out because you do not want to be pigeon holed with the “sovereign citizen” type kook fringe.
It could be as corrupt as it could ever get, it would still serve national interests. Because the sold senators would be sold to people interested in state business and would still serve the national interest of screwing up the type of legislation we’re seeing today.
Kook fringe? Asking that the fedgov use the clear meaning of words when applying the Constitution is the realm of kooks? When words mean whatever five judges on SCOTUS decide they mean, we no longer have a Constitution nor any notion of the limits of power upon government. Which means governments can deprive you of life, liberty and property on a whim.
If that makes me a kook in your eyes, then sadly you have a whiff of fascist in your nature that you fail to detect.
The point is coming when the States must defy DC.
The solution to all of this is downsize Washington DC.
Move the decision making closer to the citizens.
A good start would be have Congress and the Senate tele commute and move them away from DC.
This would require no legislation.
“Amendment 20
2. The Congress shall assemble at least once in every year, and such meeting
shall begin at noon on the 3d day of January, unless they shall by law appoint
a different day.”
They vote electronically on most issue now.
Strip DC of its influence and give the citizens voice back.
These women were prosecuted for distributing marijuana in California.
They and the state asserted the 10th in that case.
The Fed's asserted that because the seeds were hybrid and they proved their genesis was from some other state, that the prosecution would take place under the Commerce Clause.
The women had unknowingly been in possession of a drug that the seeds, at one point, crossed state lines.
The women are in prison.
In the case of guns. Every single part would need to be manufactured in the state, as well the machinery to do so.
Otherwise the Feds will find their suspects in jeopardy due to the Commerce Clause.
This ceased to be a Kook fringe issue when a Communist/Marxist was placed in the White House.
“Welcome to New Kenya” (Africa U.S.A.)
“Where the law of the jungle has replace the Law of the Land.”
Just wanted to let you know we kooks at the RQSR appreciate your excellent response to the Fascist.
Don’t have to. They can simply prove that the manufacture, sale, and distribution of guns that have never left the state, still affect interstate commerce by keeping them out of the national market and affecting prices.
The same reasoning was used in the farmer and the wheat case in the 30s or 40s.
You’re right, we’re screwed.
Good idea about telecommuting. And if they REALLY were so worried about global warming they would be proposing this themselves.
The idea is not a new one for me, I first advocated it about 15 years ago to a POL in Oklahoma.
That action would change the balance of power forever.
Texas legislature meets every other year. We seem to function fine with that. The Governor can call a special session, but otherwise they meet every 2 years.
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