Sometimes I wonder if the people we are electing to represent us have actually read the Constitution of the United States.
Obviously, those (and they are many) that are lawyers studied it in law school, but did they understand it or should they have been given a vocabulary lesson along with it? One has to wonder if they understand or simply forgot about terms such as enumerated powers, delegated powers, or all others reserved to the states.
The constitution was pretty specific regarding the powers possessed by the federal government they were forming, however, the vast majority of federal laws and regulations we find ourselves under today were not included in that list, and therefore are unconstitutional. Let’s review just what powers the founding fathers and the constitution did give to the federal government.
Article I, Section 8- Powers Granted to Congress/Legislative Branch:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
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 Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
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.
Article II, Section 2 – Executive Branch
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and 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, in the Courts of Law, or in the Heads of Departments.
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.
Article III, Section 2- Judicial Branch
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Is anybody shaking their head yet? Wondering how our government managed to amass so much power that does not belong to them? The answer is pretty simple, we the people sat back and let them take it. Yes, often times law suits have been filed claiming the unconstitutionality of a law or regulation, then an activist Supreme Court decided they would use certain clauses, such as the commerce clause, interpret it in an extremely broad manner and grant more power to the legislature than it was given by the constitution. The Supreme Court is often referred to as the “Court of last resort”, so what options do we have once they have handed down their opinion? We have the right to protest, to petition, and to vote. The people can petition the White House on issues with petitions containing 100,000 signatures. Currently, there is a website set up to help people create and publish petitions for signature.
To compile a list of laws, regulations and actions taken by the federal government that have been in direct violation of the constitution would likely look like an old set of Encyclopedia Britannica. However, I will mention a few, such as the 16th Amendment, the constitution specifically states that the federal government does not have the authority to levy income taxes, yet we have an entire agency dedicated to collecting them and that agency has the power to take from the citizens at their discretion. Obamacare, the federal government was not given the authority to require citizens to purchase anything, nor was it given the power to even create what we know as the exchanges for the purchase of insurance policies. What Justice Roberts did was way outside the boundaries of a Supreme Court Justice, referring to the fines for not being insured as a tax in some areas and not a tax in other areas to justify his decision rather than deciding based upon the legislation and question before the Court. There is no provision for a federal department of education in the constitution, why are we wasting taxpayer dollars on an agency with more than 4,400 employees and an annual budget in excess of $68 billion dollars? It certainly has not served to improve our education system. Education needs vary greatly not only from state to state, but county to county. Those closest to the issues will always have better ideas and strategies for improving their system than government employees sitting on their hill in D.C.
It is painfully evident that our representatives in Washington D.C. have no interest in protecting the constitution or our republic. Like him or not, the people took a stand last November in electing Trump as President. I believe the people have had enough and maybe, just maybe, enough of us are angry enough to start doing something about it and consider the words of Thomas Jefferson regarding liberty and tyranny. It seems it is always the minority voices screaming and marching, I think it is time for us, the average Americans that have become so oppressed by our overbearing government that many of us don’t even notice it anymore, to start making our voices heard. It is time for us to be seen, and not just at the ballot box. We need to organize and petition our representatives, flood them with emails and phone calls, and yes, I believe it is time for we the people to march on Washington D.C. and demand that the federal government abide by the constitution and repeal each and every unconstitutional law and regulation imposed on us. Are you willing to take a stand to restore our republic?