Posted on 01/03/2010 7:26:41 AM PST by MosesKnows
This has never been more apparent than watching and listening to the House and the Senate Democrats attempt at passing unconstitutional legislation.
What defines unconstitutional legislation? I would answer that any legislation the Constitution did not specifically grant Congress the power to legislate is unconstitutional.
This definition begins with the very first passage in the Constitution after the preamble. Before examining that let’s review the preamble to see if we are on sound footing.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The preamble’s intent is contained in the words “ordain” and “establish”. The words preceding these words are beautiful in their construction but the word “ordain” mandates that the elected follow the Constitution. A point worth noting here is that the Constitution is not about the people. The Constitution is solely about establishing a new government with limited powers and mandating how that new government is to function.
The first words are in Article 1, Section 1, and are where we find that a Congress will accomplish all legislation, the writing of laws. Article 1, Section 1, is also, where we find how the Constitution intended to limit the powers of government.
Article 1, 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.
The simple words Powers herein granted say it clearly. Congress can legislate only where the Constitution granted them the specific power to do so.
Article 1, Section 8, contains a list of the powers “herein granted”, often referred to as the enumerated powers. Article 1, Section 8 also carries a paragraph that amplifies the words Powers herein granted in Article 1, Section 8.
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 word foregoing means, then as now and in this context, written or encountered just before.
The Tenth Amendment provides further amplification of the limited powers granted government. The glorious Tenth Amendment, yes glorious, because the 10th amendment essentially says that government can only do what it was granted the power to do and if we forgot anything, government can’t do that either.
Amendment X - 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.
Consider the constitutionally correct method for amending the Constitution if you are of the mind that the Federal government should have powers not granted by the Constitution.
No, but he thinks he is.
What’s unconstitutional for leftists? Not much. I’m sure they’d say restrictions on sodomy or abortion are definitely unconstitutional. Pretty much any other government action is justified by the Commerce Clause, the definition of which they’ve expanded so much it no longer restricts anything.
But wait, you just don’t understand, the Constitution is a living document, the founding fathers never meant for it to be taken literally. Then there is the Commerce Clause, and that grants the Govt the right to do anything that may be connected with commerce; from telling someone who may or may not eat at their restaurant to telling them who their doctor may be and what he can treat them for. You must have missed that class in civics. </off sarcasm>
That would depend on the fifth grader.
I do know that Reid thinks he's smarter than we the people.
Harry Reid has shown himself to be an evil, criminal individual who does not care about the American people, the Constitution, or his oath to uphold the Constitution.
The people of Nevada if they re-elect this POS will be complicit in the demise of this great nation and had best reject this jackal!
There are no longer any more excuses if the America of the Constitution and the Declaration of independence is to survive then these people need to be removed by elections “preferably!!” All rights reserved!
Talk to people in Carson City and Vegas and ask about Harry’s dirty laundry. Someone explain why his corrupt background has NEVER been exposed nationally? Why he hasn’t been thrown out of office for all his questionable background? Find out who put him in office and follow the trail.
So NO Reid is not smarter than 5th/6th Grader.
Are you smarter than a fifth grader?
When we start trying to figure out why these people in goverment can not understand something so simple it goes beyond education, i had a brother who did not get through the first grade, but he understood the basics of freedom.
If anyone is to understand the founding of america they have to have an understanding of God, and the freedom he has handed us.
Jesus said
you shall know the truth and the truth will set you free.
These forementioned people do not want to be set free, so they do not want to know the truth because they would then have to go against the ruler of this earth which is satan.
If they continue as they are, they will retain a certain amount of power by working as slave masters for satan, but if they saw the truth they would then feel obligated to
go against the powers that our goverment has become, and they would be on thier own.
They do not have the guts or the faith to be on thier own.
If anything is to change it is up to all freedom loving americans to do it. vote out all of the slick talking politicians and vote for the one,s who talk straight and right. vote for the one,s who hate goverment slavery as we do, make them talk about it.
Um. They don't read their own bills they pass as law. What would lead anyone to believe they have read the constitution?
To help him out I attached a copy of the US Constitution - in case he couldn't find his and I attached the definitions of a few words - bribery, threat. . .etc.
If you want socialism Mr. Obama, propose a Constitutional amendment. Let’s vote. Takes more than 60.
In a word, no. But make mine a Maker’s Mark.
If you notice in the constitution the powers that are granted to the US are exactly the opposite of the powers denied to the states.
It doesn’t matter whether he is or isn’t.
He IS getting away with confiscating 1/6 of the national economy and unlimited control over OUR lives.
No small feat.
AND the General Welfare Clause.
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