Maybe we should ask Max Baucus?
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.
Harry is such an .- ... ... .... -— .-.. .
I resent your analogy. Jethro Bodine graduated from the SIXTH grade!!
That would make Jethro smarter than Harry Reid.
Do the math!!
You mean you wan't me to do some cipherin'? ☺
And both are way smarter than Harry Reid.
BUMP TO THE TOP
It is a travesty that none of this gets the attention it should. Reid will never talk about his bridge in AZ, he sure made a stink about the “Bridge to Nowhere,” in Alaska.
It’s up to the Tea Party movement, Conservatives, patriots one and all to expose the corruption of each member of Congress and candidates for 2010 since the media won’t. We have to come up with an organized strategy and volunteers to take on each of these corrupt politicians. Investigate them, get the evidence, and expose them. The RATs destroy Republicans and Conservatives personally; that’s their favorite tactic. Turnabout is now essential to win the war.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.