While activist Judges have repeatedly written in concepts that are simply not there, a careful analysis of the context of what is granted, clearly supports our interpretation.
William Flax
The main thing “implied” by the whole danged document is that ***the goverment*** is severly limited and curtailed, and that the people are filled with rights. Anything else is insanity.
"In addition, please note that the drafters left not the slightest doubt as to the role of Congress with respect to any Federal law. Article I, Section 1, could not be more explicit: 'All legislative Powers herein granted shall be vested in a Congress of the United States, . . . '"
Clearly, this President's chafing at what he this week called the "constraints" of the Founders' Constitution (he called it their 'system'), and his constant attacks on the current Republican-led "Congress" are related to the Constitution's mandate as cited above.
The fact is that America's Constitution, based on the philosophy laid out in the Declaration of Independence, always will frustrate and, in the words of Lincoln, will be a "stumblingblock" to petty tyrants who wish to substitute their own arrogant will for the limitations of "the People's" Constitution!
Of the Founding principles, Lincoln said: ". . . it is no child's play to save the principles of Jefferson from total overthrow in this nation. . . .The principles of Jefferson are the definitions and axioms of free society . . . And yet, they are denied, and evaded, with no small show of success. . . All honor to Jefferson - to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce in a . . . revolutionary document, an abstract truth, applicable to all men and all times, and so to embalm it there, that today, and in all coming days, it shall be a rebuke and a stumbling-block to the very harbingers [initiators of threatening change] of reappearing tyranny and oppression." - as quoted in "Our Ageless Constitution," p. 77, in an essay entitled "The Unique Concept."
The battle of ideas is re-engaged in America today, in a manner not seen for decades, because we are led by those who wish to replace its "constraints" and "limitations" with counterfeit ideas which, everywhere, have led to oppression and tyranny.
The federal government needed more power or the states would have splintered from each other from their internal bickering. But the people were wary of giving the fed more power. In retrospect (hind sight is 20/20) they gave the fed too much power and the Constitution too much ambiguity. Devious people have found ways around the limitations meant for the fed and applied it to the people, so now we the people live in fear of our government - they've actually turned it around on us!
The Second Amendment is being spoken of as supposedly allowing for hunting instead of its real purpose (defense against a hostile government), free speech (First Amendment) is being filtered through "hate speech", which is anything liberals do not like - meaning any Conservative value. The Fourth Amendment has been gutted with no-knock warrants against non-violent crimes by a military-in-all-but-name police force. The list goes on.
This applies more perhaps to Obama than any of the comparatively more moderate usurpers, who have gone before.
We are increasingly far down the figurative "slipperly slope," where our heritage is lost.
William Flax
This is one of my favorite subjects. I have argued, taught, preached Enumerated Powers as a founding principle untill I am blue in the face. That and Natural Law as the bedrock foundation and ultimate evolution of Western thought. I have argued these points with highly successful educated intelligent people. The brutal realization is that modern Americans just don’t like this idea. Hence case precedence is worshiped as a means to get the Gubment to do more stuff. Even my hero Thomas Jefferson who originally opposed the Necessary and Proper clause was the first to really abuse that clause. So this issue always comes down to this: The Constitution is a Social Contract. This Contract has been violated repeatedly and is now void. The secession issue was settled in 1860. So what’s next?
The Constitution only works when people want it to work. I am discouraged. Everybody (mankind) demands Tyranny, Liberty is dead as a prevailing concept. I have no idea where this human experiment is going. Nowhere good I suppose. But tell me this. When has Liberty ever prevailed amongst humans?