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Why Congress May Lawfully Require Citizens to Buy Guns & Ammunition, But Not To Submit To Obamacare.

by Publius Huldah on Thursday, May 3rd, 2012

This is article 93 of 94 in the topic US Constitution

Harvard Law School was embarrassed recently when one of its graduates, the putative President of the United States, demonstrated that he was unaware that the supreme Court has constitutional authority to declare an act of Congress unconstitutional.1

And after reading a recent paper by Harvard law professor Einer Elhauge, one wonders whether the academic standards (or is it the moral standards?) of that once great school have collapsed.

Professor Elhauge says in “If Health Insurance Mandates Are Unconstitutional, Why Did the Founding Fathers Back Them?” (The New Republic, April 13, 2012), that Congress may force us to buy health insurance   because in 1792, our Framers required all male citizens to buy guns; and in 1798 required ship owners using U.S. ports (dock-Yards) to pay a fee to the federal government in order to fund hospitals for sick or disabled seamen at the U.S. ports.

Oh! What tangled webs are woven when law professors write about Our Constitution!

I have already proved that Art. I, Sec. 8, next to last clause (which grants to Congress “exclusive Legislation in all Cases whatsoever” over dock-Yards and the other federal enclaves) is what authorizes Congress to assess the fee from ship owners who use the federal dock-Yards. See: Merchant Seamen in 1798, Health Care on Federal Enclaves, and Really Silly Journalists.

Now I will show you where the Constitution grants authority to Congress to require adult citizens to get armed!

The Constitution Authorizes Congress To Require Citizens to Buy Guns and Ammunition.

In 1792, Congress passed “An Act more effectually to provide for the National Defense by establishing an Uniform Militia throughout the United States”.2 This Act required all able-bodied male citizens (except for federal officers and employees) between the ages of 18 and under 45 to enroll in their State Militia, get a gun and ammunition, and train.

Does Congress have authority in the Constitution to require this?  Yes!  Article I, Sec. 8, clause 16 says Congress has the Power:

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;” [boldface mine]

That is what authorizes Congress to require adult male citizens to buy guns and ammunition.

As Section 1 of the Militia Act of 1792 reflects, the “Militia” is the citizenry!  Our Framers thought it such a fine idea that The People be armed, that they required it by law!  See, e.g., the second half of Federalist Paper No. 46 where James Madison, Father of Our Constitution, speaks of how wonderful it is that the American People are armed – and why they need to be. 3

So!  In the case of Congress’ requiring adult citizens to buy guns and ammunition, Congress has specific authority under Art. I, Sec. 8, cl.16.

In the case of Congress’ requiring ship owners who use the federal dock-Yards to pay the fees to fund the marine hospitals at the dock-Yards, Congress is granted by Art. I, Sec.8, next to last clause, a general legislative power over the federal enclaves, such as dock-Yards.4

But for the country at large, Congress has no broad grant of legislative powers.

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A Progressive Perverts the Commerce Clause; but O’Reilly Gets it Right!

by Publius Huldah on Tuesday, April 17th, 2012

This is article 91 of 94 in the topic US Constitution

By Publius Huldah.

Bill O’Reilly (Fox News) made our Framers proud when, on March 26, 2012, he correctly explained [probably for the first time ever on TV] the genuine meaning of the interstate commerce clause.  O’Reilly’s guest was Big Government Progressive Caroline Fredrickson, Esq., of the inaptly named “American Constitution Society”.  In trying to defend obamacare, she said that our Framers intended to grant to Congress extensive powers over the “national economy”:

“When the Founding Fathers adopted the Constitution, they put in the commerce clause ah specifically so that Congress could actually regulate interstate commerce.  They envisioned a national economy, and we really have one now, and to the tune of over two trillion dollars, health care makes up a big big part of that and so it’s completely within the power of ah Congress to pass this legislation [obamacare] and to attempt to provide some reasonable regulation…”

But what she said is not true! Accordingly, O’Reilly responded:

“The interstate commerce clause was put in so individual States could not charge tariffs [for] going from one state to another.  So, for example, Pennsylvania would say to New Jersey, ‘Hey, you can’t bring in anything here from New Jersey unless you pay us 2% on it.’ ”

Bravo, O’Reilly!  That is precisely the purpose of the interstate commerce clause.  James Madison, Father of our Constitution, wrote in Federalist No. 42 (9th para):

“… A very material object of this power [to regulate interstate commerce] was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State … ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former…”

And Alexander Hamilton wrote in Federalist No. 22 (4th para):

“…’ The commerce of the German empire … is in continual trammels from the multiplicity of … duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the … navigable rivers [of] … Germany … are rendered almost useless.’ Though the … people of this country might never permit this … to be … applicable to us, yet we may … expect, from the … conflicts of State regulations, that the citizens of each would … come to be … treated by the others in no better light …”

So!  What our Framers  said was that the purpose of the interstate commerce clause is to authorize Congress to prevent the States from imposing tolls and tariffs on articles of import and export – merchandize – as they are transported through the States for purposes of buying and selling.1 

But Fredrickson apparently has no idea what our Framers said.  She dug deeper:

“Actually this was a major issue at stake in the adoption of the Constitution was the ability of our national government to deal with national issues and, let’s look a little bit at what’s happened in the 20th century…”

What?  Our Framers made a “major issue” of their determination to grant to Congress power over whatever it might in the future deem to be a “national issue”?

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Merchant Seamen In 1798, Health Care On Federal Enclaves, And Really Silly Journalists.

by Publius Huldah on Friday, April 6th, 2012

This is article 89 of 94 in the topic US Constitution

A little knowledge is a dangerous thing; and no one illustrates this Principle better than Forbes’ writer Rick Unger in his article, “Congress Passes Socialized Medicine and Mandates Health Insurance – In 1798”,  Washington Post writer Greg Sargent and Georgetown University history professor Adam Rothman.

In 1798, Congress passed An Act for the relief of sick and disabled Seamen which required the master of every American ship arriving from foreign ports to any port of the United States, and American ships engaged in the coastal trade using those ports, to pay a small fee to the federal government for every seaman employed on his ship. The funds so raised were used to care for sick and disabled seamen in the marine hospitals established in the ports of the United States.

So!  Unger cited this 1798 Act and chortled with glee that our Framers supported “socialized medicine”; and so the “political right-wing” should stop “pretending” that our Founding Fathers would oppose obamacare.

Greg Sargent chimed in to the same effect, and quoted history professor Adam Rothman for the idiotic propositions that

“…the post-revolutionary generation clearly thought that the national government had a role in subsidizing health care … that in itself is pretty remarkable and a strong refutation of the basic principles that some Tea Party types offer … This defies a lot of stereotypes about limited government in the early republic.”

But Unger’s, Sargent’s and Rothman’s statements are so transparently ignorant they can be disposed of in a few paragraphs:

Congress’ Three Categories of Legislative Powers

One:  Congress has only limited legislative powers over the Country at large. These legislative powers are restricted to war, international commerce & relations; and domestically, the creation of an uniform commercial system:  weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery. Various Amendments granted to Congress certain powers over civil rights. These enumerated powers are the only areas wherein the national government has lawful (constitutional) authority over The States and The People in The States.  In all other matters [except those listed at Art. I, Sec. 10] the States and The People retained supremacy, independence, and sovereignty.

TwoArticle I, Sec. 8, clause 17, U.S. Constitution, says:

“The Congress shall have Power To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislatures of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;”  [boldface mine]

“Exclusive Legislation in all Cases whatsoever” over “dock-Yards”. Do you see?  It is this clause which grants to Congress authority to establish marine hospitals on dock-Yards belonging to the United States.  Congress has a general legislative authority over the federal enclaves, such as dock-Yards. That legislative authority is limited only by the Bill of Rights.

In Federalist Paper No. 43 at 2., James Madison explains in three short paragraphs [read them!] why the federal government must have “complete authority” over the federal enclaves listed at Art. I, Sec. 8, cl.17.

Alexander Hamilton in Federalist No.

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Model Nullification Resolutions for State Legislatures.

by Publius Huldah on Wednesday, March 14th, 2012

This is article 88 of 94 in the topic US Constitution

The Proposed Tennessee Resolutions of 2012

1. Resolved, That the States composing the United States of America are not united on the principle of unlimited submission to the federal government; but that, with the Constitution for the United States, they established a federal government for limited purposes only.  That they delegated to this federal government only limited and enumerated powers; and reserved, each State to itself, all remaining powers, along with the right to their own self-government.

That whenever the federal government assumes undelegated powers, its acts are unauthoritative, void, and of no force.

That to these Principles, each State agreed as a State, and as the Parties to the Constitution.

That the federal government is not a party to the Constitution, but is merely the creature of the Constitution; and as the mere creature, was not made the exclusive or final judge of the extent of the powers delegated to it; since that would have made the creature’s will, and not the Constitution, the measure of its powers.  That as in all other cases of compact among powers having no common judge, each State has an equal right to judge for itself as to whether the creature has committed infractions, and as to the mode and measure of redress.

2. Resolved, That Art. I, Sec. 2, of the Constitution of The State of Tennessee acknowledges the Principle that the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.

3. Resolved, That the Constitution of the United States ordained and established a Federation of Sovereign States which united only for THE LIMITED PURPOSES enumerated in the Constitution: national defense, international commerce and relations; and domestically the creation of an uniform commercial system:  Weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery.  That the 10th  Amendment to the Constitution also declares that “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.”

That nowhere in the Constitution of the United States was any power granted to Congress to make laws respecting agriculture, farming operations, labor and employment, or children and families; and that nowhere in the Constitution are powers over these matters prohibited to the States. These matters are altogether outside the scope of powers delegated to the federal government. Therefore, power over these matters is reserved solely and exclusively to the respective States and THE PEOPLE, each within its or their own territory.

4. Resolved, That Art. I, Sec. 1 of the Constitution of the United States provides that all legislative Powers granted by that Constitution are vested in CONGRESS; therefore, Departments within the Executive Branch are forbidden to make any “rules” or “laws” of general application whatsoever.  That administrative rules promulgated by the Department of Labor, one of the Executive Departments of the federal government, set forth at 29 CFR Part 570, and which pretend to regulate child labor throughout the several States; are altogether void, and of no force,  as in violation of Art. I, Sec. 1, of the federal Constitution.

5.

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National Popular Vote: Goodbye, Sweet America.

by Publius Huldah on Friday, February 10th, 2012

This is article 269 of 295 in the topic Elections

Our Constitution is under constant attack.1   One of the most pernicious attacks is being waged by those who seek to override the constitutional provisions under which The States, as political entities, elect the President; and to replace it with a national popular vote (NPV) under which inhabitants of major metropolitan areas will choose the President.

What Form of Government Did We Create In Our Constitution?

Before you can see why it is so important that The States elect the President, and why the NPV is so execrable, you must understand how our “federal” government was structured and intended to operate. “Federal” actually referred to the form of the national government created in our Constitution, and to the division of powers between the national government and The States.

The “Federation” created by our Constitution is an alliance of independent and sovereign States associated together in a “confederation” with a national government to which is delegated authority over the States in specifically defined areas ONLY (national defense, international commerce & relations; and domestically, the creation of an uniform commercial system:  weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery). Those enumerated powers are the only areas wherein the national government has lawful (constitutional) authority over The States.  In all other matters, the States retained supremacy, independence, and sovereignty. 2

So that The States – The Members of the Federation – could maintain their independence and sovereignty, 3 our Framers wrote these provisions into our Constitution:

  • State Legislatures were to choose the two U.S. Senators for their State (Art. I, Sec. 3, cl. 1); and,
  • The States, as separate political entities, were to elect the President (Art. II, Sec. 1, cls. 2 & 3).

The People were to elect only their Representatives to the House (Art. I, Sec. 2, cl.1).

James Madison, Father of Our Constitution, explains in Federalist No. 45 (7th para), why this ensured that The States would maintain control over the national government:

The State governments may be regarded as constituent and essential parts of the federal government …Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. …Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them…[boldface mine] 4

State Legislatures Were To Choose The U.S. Senators!

So! The appointment of Senators by State Legislatures was to “secure the authority” of the State governments in the federal government, and to preserve “the sovereignty remaining in the individual States” (Federalist No. 62, 3rd & 5th paras).  5

Federalist No. 62 goes on to show that another advantage of State Legislatures appointing U.S. Senators is

…the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the States … (6th para) [boldface mine]

Do you see?

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Why Republican Politicians Sell Us Out.

by Publius Huldah on Sunday, January 29th, 2012

This is article 81 of 94 in the topic US Constitution

It is a cliché to speak of “spineless Republicans”-google spineless republicans and you will see.  They talk “conservative” when they campaign; but once in office, they go along with the progressive agenda. That agenda is to grow the federal government until it controls every aspect of our lives.

Why don’t they oppose the progressive agenda? 1

Rush Limbaugh says they don’t oppose it because they want to be invited to the right parties and praised in the liberal media.

But on this, our Rush is wrong. Rush is a man of Principles; but he doesn’t understand the Constitution. So he doesn’t see that the spineless ones also don’t understand it; and that their failure to oppose the progressives stems from their lack of any Standard to guide them.

In other words, the spineless Republicans don’t know what the alternative is to the progressive agenda. They don’t know that Our Constitution created a Congress with limited and enumerated powers.  They don’t know that the President’s powers are “carefully limited; both in … extent and …duration” 2  They don’t understand that  limited civil government is morally superior to a fascist dictatorship. Since they don’t understand these things, they are buffeted here and there by winds which progressives blow.

Spineless Republicans are “nice”. They are “patriotic”.  And that’s it.  But they are men of straw because they stand for nothing. They have no Standard to guide them.  So they go with the flow.

There IS a Chart and Compass for Us to Embrace Which would Make Us Strong & Bold!

 Daniel Webster 3 reportedly said:

We may be tossed upon an ocean where we can see no land nor, perhaps, the sun and stars. But there is a chart and a compass for us to study, to consult, and to obey. The chart is the Constitution.

The Bible, the Declaration of Independence and the Constitution are the Rock on which Our Country was built. Courage and Strength arise from faithfulness to Fixed Principles. It is the man with no Principles who is blown here and there by prevailing winds. 4   Strong People – people who are able to stand alone and speak Truth – are strong because of their uncompromising adherence to Principles.

Anyone who is willing to make the modest effort required to obtain a working knowledge of the Constitution would become able to stand up to the progressives and defeat them. But we must first root out of ourselves the false notion that our own ideas on what the federal government should do are “important”! We must learn that in such matters, we must adhere to a Standard – the Constitution – which transcends our own precious selves with our “views”, “opinions”, and “thoughts”. This is what Daniel Webster is telling us.

Politicians May Not Substitute Their Personal Views for The Constitution!

This is what our Framers said:

“…whensoever the general government [federal government] assumes undelegated powers, its acts are unauthoritative, void, and of no force…” Thomas Jefferson, The Kentucky Resolutions of 1798, 1st Resolution.

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Marco Rubio and the Anti-constitutionalism and Intellectual & Moral Bankruptcy of Our Time.

by Publius Huldah on Friday, January 13th, 2012

This is article 80 of 94 in the topic US Constitution

In a previous paper, I explained the shift from the philosophy of our Framers, which was based on Logic, Fixed Principles & Judeo/Christian Morality, to the pragmatist/existentialist mindset of today.  With our mindset of today, we are “freed” from the notion that some things are True, other things are False; some things are Right, other things are Wrong; and that there exist fixed Standards and Principles – such as the U.S. Constitution and the moral laws – to which we must conform.

Today, we have nothing to guide us but our own feelings: “I like it”, “I don’t like it”, “I agree”, “I don’t agree”, I “believe” or “I don’t believe”. That is the essence of the existentialist mindset: we make “choices” on the basis of no standard except for what we “like”. Or don’t like. When people disagree, those with The Power decide – on the basis of what they like.

Our politicians ignore Our Constitution. They do whatever they want. Every day, the President violates the Constitution he swore to protect; and Congress does nothing about it.  How could Congress do anything about it?  Since they too abandoned the Constitution, they have no Objective Standard by which to judge the President.  All they can say is, “I don’t agree”.

And WE THE PEOPLE don’t hold our politicians accountable for their violations of Our Constitution.  We keep re-electing them! Why?  Because we too have abandoned the Standard by which to judge their acts: Have you read Our Declaration of Independence and Our Constitution?  Do you understand the concepts of “enumerated powers”, “federalism” and “rule of law”?

Our Existentialist U.S. Senator, Marco Rubio

All our politicians fall short of the mark. None of them seem to understand that they are obligated to obey Our Constitution; and that they have no right to elevate into law their own personal views. They all illustrate the intellectual and moral collapse of our time – even the charismatic Tea Party darling, Sen. Marco Rubio (R, Fl).  Consider his speech of August 2, 2011 before the Senate. 1 You can read it here, and watch it here.

A few paragraphs into his speech, Rubio says:

I would remind many like myself that were elected in the last election cycle, tightly embracing the principles of our Constitution… [boldface added]

Oh!  A tea party candidate who will “tightly embrac[e] the principles of our Constitution”! We in the Tea Party are all for that, aren’t we?

But then, Rubio goes on to speak of the dispute “between two very different visions of America’s future”.

One group, Rubio tells us, “believe that the job of government is [to] deliver us economic justice, which basically means: an economy where everyone does well or as well as possibly can be done.”

The other group believes “it’s not the government’s job to guarantee an outcome but to guarantee the opportunity to fulfill your dreams and hopes.”

He’s doing OK so far.  But then, he goes on to say, respecting the two views: “By the way, one [is] not more or less patriotic than the other.”  And, “One is not more moral than the other.” 2

No Moral Distinctions?

WHAT?  He sees no moral distinction between, on the one hand, a government which takes – by force – property from one group of people and gives it to other people to whom it does not belong; and, on the other hand, the free country with a federal government of limited and enumerated powers created by Our Constitution?  No moral distinction between legalized plunder and a federal government which respects the private property of The People?

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Recess Appointments by the President: What Our Constitution Really Says.

by Publius Huldah on Monday, December 19th, 2011

This is article 74 of 94 in the topic US Constitution

Much misinformation about The Constitution is put out by those who seek to circumvent its clear provisions.  In Peter Schroeder’s recent article in The Hill, he reports that David Arkush, director of Public Citizen’s Congress Watch division, makes two arguments which Arkush claims permit the President to make a “recess” appointment of someone (Richard Cordray) whose nomination has already been blocked by the Senate.

Arkush reportedly claims that Art. 2, Sec.3, U.S. Constitution, allows the President to force the House and Senate to adjourn; and then, pursuant to Art. II, Sec. 2, last clause, he would be permitted to make a “recess” appointment of his rejected nominee. 1

Arkush’s next claim is this: The 20th Amendment states that Congress shall assemble at least once a year, with each session beginning on Jan. 3.  Arkush says that in order to be able to start a session on Jan 3; Congress would have to have stopped a previous session – and between the stopping of the old and the starting of the new, the President may slip in there and make a “recess” appointment of his rejected nominee!

Rubbish.

So!  Let us see how easy it is to look things up in Our Constitution.  You do not have to settle for the rubbish spewed by others and uncritically reported by journalists. You can find out for yourself what Our Constitution really says.

Look It Up In Our Constitution!

FIRST: What does Our Constitution say about presidential “appointments”?  Article II, Sec. 2, cl. 2, says:

…he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone…[emphasis added]

Do you see?  The constitutional scheme is that the President nominatesthe Senate confirms or rejects the President’s nomination.  This is the “check” which Our Constitution imposes on the President’s nominations.  The purpose is to protect us from the loons, incompetents, or toadies whom various presidents have, from time to time, nominated.

NOW let us see what Our Constitution says about recess appointments. Article II, Sec. 2, last clause, says:

   The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. [emphasis added]

Do you see?  The Vacancy must have happened at a time when the Senate was already in Recess!

So!  The President may not properly circumvent the Senate’s constitutionally granted power to reject his nominations by means of cheap gimmicks such as forcing the Congress to adjourn, or by waiting until Congress is in recess, to “recess appoint” someone whom the Senate has already refused to approve!

Check It Out In The Federalist Papers!

The Federalist Papers are authoritative on the genuine meaning of Our Constitution, 2  so you always want to see what they say about any clause in Our Constitution. Here is an online edition of The Federalist Papers with a searchable text.

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The President’s Enumerated Powers, Rulemaking by Executive Agencies, & Executive Orders.

by Publius Huldah on Wednesday, August 31st, 2011

This is article 62 of 94 in the topic US Constitution

On election night, November 2, 2010, Rep. John Boehner said in his victory speech:

…While our new majority will serve as your voice in the people’s House, we must remember it is the president who sets the agenda for our government. … [emphasis added]

Next morning, Ezra Klein commented in the Cult of the President lives on:

I’d like Boehner to show us where in the Constitution it says that the president sets the agenda for the government.

But Boehner is not as astute as Ezra Klein, and does not know that it is our Constitution which sets the “agenda” for the federal government.  The agenda the Constitution sets restricts the federal government to war, international relations & commerce; and domestically, the establishment of an uniform commercial system: a monetary system based on gold & silver, weights & measures, patents & copyrights, a bankruptcy code, and mail delivery (Art. I, Sec. 8, cls.1-16). 1

And because none of the House Republicans seem to know that our Constitution sets the agenda, and don’t know that our Constitution also enumerates the powers delegated to the President, they are allowing Obama to carry out his “agenda” to transform our Country into a fascist dictatorship.

What are the Enumerated Powers of the President?

The powers of the President are “carefully limited” and precisely defined by our Constitution.  In Federalist Paper No. 71 (last para), Alexander Hamilton asks,

…what would be … feared from an elective magistrate of four years’ duration, with the confined authorities of a President of the United States?…[emphasis added] 2

The answer to Hamilton’s question is this: There would be nothing to fear if Presidents obeyed the Constitution. But they don’t obey it because the dolts in Congress don’t make them obey it!

Well, then!  Here is the complete list of the President’s enumerated powers:

Art. I, Sec. 7, cls. 2 & 3, grants to the President the power to approve or veto Bills and Resolutions passed by Congress.

Art. I, Sec. 9, next to last clause, grants to the executive Branch – the Treasury Department – the power to write checks pursuant to Appropriations made by law – i.e., by Congress.

Art. II, Sec. 1, cl.1, vests “executive Power” [see below] in the President.

Art. II, Sec. 1, last clause, sets forth the President’s Oath of Office – to “preserve, protect and defend the Constitution of the United States”.

Art. II, Sec. 2, cl.1:

  • makes the President Commander in Chief of the armed forces when they have been called by Congress into the actual service of the United States. 3
  • authorizes the President to require the principal Officers in the executive Departments to provide written Opinions upon the Duties of their Offices.
  •  grants the President power to grant Reprieves and Pardons for offenses against the United States, 4  but he can not stop impeachments of any federal judge or federal officer.

Article II, Sec. 2, cl. 2 grants to the President the power:

  • to make Treaties – with the advice and consent of the Senate. 5
  • to nominate Ambassadors, other public ministers and Consuls, federal judges, and various other officers – with the advice and consent of the Senate.

Article II, Sec. 2, cl. 3 grants to the President the power to make recess appointments, which expire at the end of Congress’ next session.

Art. II, Sec.

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Why the “Balanced Budget Amendment” is a Hoax – and a Deadly Trap

by Publius Huldah on Tuesday, June 28th, 2011

You can not responsibly support a proposed Amendment to Our Constitution unless you have read and understand the proposal and how it would change our Constitution. You must look behind the nice sounding name!  Will the Balanced Budget Amendment (BBA) really “reign in” the federal government? Will it really “show them” that they have to balance their budget the same as we do?

Or does it actually legalize spending which is now unconstitutional?  Is it actually a massive grant of new constitutional powers to the President and the federal courts – a grant which will cut the Heart out of The Constitution our Framers gave us?

Amending the Constitution is serious business – and you are morally bound to get informed before you jump on The Amendment Bandwagon.

So, lay aside your giddy joy at the fact that all 47 U.S. Senate Republicans are co-sponsoring the Balanced Budget Amendment, Senate Joint Resolution 10 (March 31, 2011).  Let’s go through it.  What you believe the BBA will do, and what it will actually do, are two very different things indeed.

But First:  How Did We Get a National Debt of $14.4 Trillion?

Congress gave us a debt of $14.4 trillion which increases at the rate of $4 billion a day.  Let us look at a few of the items which comprise this $14.4 trillion debt:

Congress spent $2.6 million to teach Chinese prostitutes how to drink responsibly. Congress appropriates $147 million a year to subsidize Brazilian cotton farmers.  Congress spent $3.6 million to fund a study of the sex lives of dope-smoking, menstruating monkeys.  Congress paid $500,000 to paint a salmon on an Alaska Airlines passenger jet.  Congress appropriates $6.9 billion a year for the National Science Foundation where they fund such research as that which revealed the amazing fact that sick shrimp do not perform as well on stamina tests as do healthy shrimp.1 Citizens Against Government Waste’s pig book shows Congress spent $16,547,558,748. on pork projects last year.  In Sen. Tom Coburn’s Waste Book 2010, which lists 100 spending projects, he shows that $1.5 million was spent to spruce up apartments in Shreveport, La. before they were torn down.

All this spending – every penny of it – and trillions more which is not here listed – has one thing in common:  It is all unconstitutional as outside the scope of the powers delegated to Congress in the Constitution. Congress has no constitutional authority to spend money on these projects.

So!  It was Congress’ unconstitutional spending which put us in the mess we are in today.

What Does Our Constitution Permit Congress To Spend Money On?

WE THE PEOPLE ordained and established a Constitution wherein the powers WE delegated to the federal government are limited and defined – “enumerated”.  Read the list at Art. I, Sec. 8!  Basically, all WE gave Congress authority to do for the Country at large is international relations, commerce & war; and domestically, the creation of an uniform commercial system (weights & measures, patents  & copyrights, a money system based on gold & silver, bankruptcy laws, mail delivery & road building.)  Some Amendments authorize Congress to make laws protecting civil rights.

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