UNCONSTITUTIONAL
Unconstitutional. Is the method being used to passed the "health care bill"
unconstitutional?
Give me a break! This is like worrying about whether Bernie Madoff got a parking
ticket and ignoring his other behavior.
The politicians who want the "health care bill" have done a great job diverting our attention. People are discussing the cracks in the sidewalk while the house is burning down.
The "necessary and proper" clause of the Constitution is the last clause of Article 1, Section 8. It authorizes the national legislature "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." Federalist Paper #33 [1]
If the federal government overreaches its authority and uses its power tyrannically, the people, who created it, must go to the Constitution. They must correct the injury done to the Constitution. To determine if a law is constitutional, we must look at whether the law is based on Constitutional powers. Federalist Paper #33 [6]
Why do our elected representatives think that they can pass any law that they
want? Because it has always worked in the past. People do what works. Year after
year we elect the same people into Congress, year after year they pass more
unconstitutional laws, and year after year we simply accept them and go on with
our lives.
Since the checks and balances built into the federal government have completely
failed, it is time to look at the other protection built into the Constitution:
State sovereignty.
What will happen if Congress misconstrues the "necessary and proper" clause
and exercises powers not warranted by its true meaning? I answer, the same thing
will happen as will occur if they misconstrue or enlarge any power vested in
them. The same thing as if the State legislatures violated their respective
constitutional authorities
First, the power usurpation will only succeed if the executive and judiciary
departments, which execute and interpret legislative acts, support it.
And in the last resort, the people will remedy the problem; they can elect
more faithful representatives, who can annul the acts of the usurpers. This
remedy may work better against the unconstitutional acts of the federal than the
State legislatures, simply because every federal usurpation will invade the
rights of a State. The States will notice deviations, sound the alarm, and use
their influence to change federal representatives. Federalist Paper #44 [17]
First. In a single republic, the people surrender some of their power to a
single government. To block usurpations, the government is divided into separate
branches.
America is a compound republic. The people surrender some power, which is divided between the State and federal governments. Then the powers given to each government is subdivided among the separate branches. This means that the rights of the people are doubly protected. The State and federal governments will control each other; at the same time, each will have internal controls. Federalist Paper #51 [9]
These quotes remind us that it is not enough to worry about the national elections. We must be deeply concerned about who we elect to State offices. Do our State officials want to look to the federal government for support and goodies or do they want to create a state-wide environment that leads to happiness and prosperity for all the people?
Some States have already shown their desire to throw off the federal yoke. I applaud them and encourage other States to follow their lead.
And to all of you who are worried about the crack in the sidewalk--the census is constitutional.
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* All Federalist Paper quotes are from The Federalist
Papers: Modern English Edition Two, available on my website and Amazon.com
for $24.95
http://Mary.Webster.org
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