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Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Wednesday, December 23, 2009

Congress: Inventing New Powers Not Granted by Constitution - Bribery, et al.

by Dr. Steve Maloney: Barack Obama, who has never established his eligibility to hold the office of President, is systematically violating the Constitution he has sworn to uphold. Nancy Pelosi recently called serious constitutional questions about the health legislation "a joke." Harry Reid has recently provided many bribes to Senators in order to secure their votes. (Bribery consists of more than just handing over bags-full of cash.) "Bribery" in the Constitution is an impeachable offense.

Republicans in the Senate have raised the issue whether the proposed health legislation is unconstitutional. Clearly, it does great violence to the Constitution.

Although it will come as a surprise to Nancy Pelosi, Congress does not have unlimited powers to do whatever it darn well pleases. It also does not have any authority to force people to spend money on any product, including health insurance.

The enumerated powers of Congress are contained in the Constitution's Article 1, Section 8. As you read through the following, notice how simple and understandable (except for an occasional old word or two) Article 1, Section 8 is. Have Pelosi and Reid ever read it? If so, they regarded it as basically meaningless.

The Constitution is the key document in American history. As the first Supreme Court Justice, John Marshall, said of Article 1, Section 8: "This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent . . . [and] that principle is now universally admitted."

Universally admitted by all . . . except by Obama, Pelosi, Reid and their political cronies. It's impossible to establish socialism in the U.S. without shredding -- and obliterating -- the Constitution. The following material is Article I, Section 8 -- it's short and simple, and it list no power to rule over health care or impose mandates to buy insurance. If liberals want to do that, they must amend the Constitution (which requires 67 votes in the Senate, not just 60), as well as approval by three-quarters of the states. Good luck getting that.

Enumerated powers of Congress: Section 8: The Congress shall have power
  • To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense 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 a 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 [courts] 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, dockyards, 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.

Congress has no other powers -- none -- other than the ones listed above. The Founders, unlike our modern "leaders," kept things short and sweet.

Again, why is it important that we adhere to the Constitution? As a legal expert writing in Wikipedia puts it: "The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the relationship of the federal government to the states, to citizens, and to all people within the United States."

Tags: bribery, Enumerated Powers, Steve Maloney, US Congress, US Constitution To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 8:49 AM - Post Link

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