Posted on 10/07/2004 5:57:59 PM PDT by Warden
Article I, Section 8 of the Constitution grants Congress the authority to "To coin Money, regulate the Value thereof, and of foreign Coin." The chartering of national banks as a means of currency regulation might be interpreted as an exercise of this authority. However, in 1913, the Federal Reserve System was established and given the power to regulate the supply of money and credit, supplanting the old National bank system. Despite the elimination of the original justification for national banks, they remained in existence and new national banks have been chartered to this very day.
As for Federal deposit insurance, such as offered by the FDIC and the NCUA, there is no Constitutional justification for these agencies. Article I, Section 8 refers to the minting and valuation of coin. It says nothing about deposit insurance. Both the Comptroller of the Currency and the various State bank regulators require the obtainment of Federal deposit insurance, making its use and resultant supervision by the FDIC mandatory. There is simply no Constitutional warrant for the numerous business and consumer regulations imposed by the FDIC and other Federal banking authorities. The requirement for mandatory IDs to engage in banking transactions is yet another regulation unsupported by the Constitution.
As for the concept of a national ID, again there is no Constitutional justification therefor. The "interstate commerce" clause of the Constitution, also in Section I, Article 8, had as its original intent the prohibition of tariffs or other trade barriers to be imposed by the states. It was never meant to be a means by which the Feds can intrude on a myriad of areas, such as banking, medicine, food production, management/labor relations, etc.
Somehow this nation fought two world wars and major conflicts in Korea, Vietnam, and Kuwait without resorting to national ID cards or interfering with freedom of travel. (Of course, young men of military age were routinely questioned if not in uniform, but the rest of the population was not subject to the sort of restrictions that have already been or are proposed to be imposed.}
America is supposed to be a nation of laws, not men. We should respect the Constitution as the Framers intended under the doctrine of original intent and abandon the "living document" farce that has led to a massive expansion of governmental authority starting in earnest with the New Deal.
If, as you say, the Constitution is to be interpreted strictly, any expansion of powers must be accomplished through amending the document, as has been done 27 times since the founding of the Republic. You are also correct in your criticism of the power of judicial review. The worst abusers of this power were the Warren and Burger Supreme Courts. However, the germ of this power was planted by John Marshall, when he asserted the authority of the Supreme Court to declare acts of Congress unconstitutional in Marbury v. Madison. Although Congress is granted the power to establish the jurisdiction of Federal courts in the Constitution, it has never been exercised. By simply limiting the Federal courts from ruling in the areas of marriage and domestic relationships, the Congress could eliminate the possibility that the Supreme Court may at some point require all states to issue marriage licenses to homosexuals.
Returning to the issue of national ID cards, why were these not required in past conflicts? Money could be, and was, transferred by Soviet, Red Chinese, Nazi, and Japanese agents into the United States. Past generations of lawmen relied upon focusing on people known to be associated with the enemy or opposed to the government, such as the IWW and anarchist groups in World War I, the German-American Bund and homegrown fascists in World War II, and Communists, fellow travelers, and the New Left in the Cold War era (including Korea and Vietnam). These techniques worked, inasmuch as sabotage was held to a minimum and radical Left wingers like the Weathermen were not able to succeed in their terror campaign.
The enemy today is as identifiable as those of the past by both their religion and their ethnicity. However, political correctness dictates that we not focus on those who are more probably our enemies, but rather in harassing blonde teenaged girls named Knudsen or 80 year old nuns at airports. Our rulers instead insist on increasing scrutiny over the entire population rather than using what has worked in past eras.
You are right about the PC approach to terrorism.
But what alternative to a national ID (standard) can you offer to end voter fraud at the polls?
The Conservatives will push the National ID Card (to complement Gary Hart's and Andrew Young's Patriot Act). It will be interesting to see what instructions President Kerry gives Attorney General Rodham with respect to data mining the National ID Database to weed out those dangerous to The Government.
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