With the 112th Congress set to convene on Wednesday, "we the people" need to take a much more active role in holding them accountable. We were steamrollered in the 111th Congress. They passed things which clearly are unconstitutional. The Constitution does not provide for or even allow Congress to pass - or even debate - much of what they spent their time doing the past 2 years.
Congress has only 17 enumerated powers plus an 18th enabling clause. The "general welfare" clause is much abused provision, and Congress has used this cover rationing of health care, the school lunch nutrition bill they just passed, cap and trade, Stimulus bills, TARP, the buyouts of GM, Citi, AIG and others, regulation of major league baseball, anti-trust regulations, and so much more.
If they spent their time on what the Constitution demands of them, they would be plenty busy, and we'd be much better of for it. Our economy and jobs would flourish.
From Article I, Section 8 of the US Constitution, here is what Congress can do (capitalization and spelling is as found in the document):
(1) "The Congress shall have the 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" - Congress embraces this duty but lumps way too many activities into the general welfare catch-all when it really means the general well-being or "life, liberty, and pursuit of happiness" within the country.
(2) "To borrow Money on the credit of United States" - this one they do exceptionally well.
(3) "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" - notice there is no language about within the borders of a State.
(4) "To establish a uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States" - amnesty for illegals is not a "uniform law" and allowing infiltration of illegals at our borders is contrary to a "uniform law."
(5) "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures" - the Fed is not mentioned and if were to be created to satisfy this provision, Congress would have total control and oversight and not the Executive.
(6) "To provide for the Punishment of counterfeiting the Securities and current Coin of the United States" - so why does the Treasury Department exist in the Executive branch?
(7) "To establish Post Offices and post Roads" - well so much for the post offices but a case can be made for the Interstate highway system to be construed as post roads, but here again the Department of Transportation is in the Executive branch. Notice that it says establish, which would include maintenance and expansion, It does not say review or monitor - an active, responsible role and not a passive or oversight one.
(8) "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" - this is specifically provides for patents and copyrights - not the funding of art or research. In fact, painting and other fine arts are not mentioned.
(9) "To constitute Tribunals inferior to the supreme Court" - another reason why they confirm all judicial appointments.
(10) "To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations" - prosecuting the War on Terror falls within this.
(11) "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water" - World war II was the last declared war and rules of conduct for the current campaign in the Middle East could stand to be clarified.
(12) "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years" - meaning that one Congress cannot encumber another.
(13) "To provide and maintain a Navy" - notice the absence of language about funding limitations.
(14) "To make rules for the Government and Regulation of the land and naval Forces" - here again the War on Terror plus other deployments and foreign bases come to mind.
(15) "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" - illegal immigration, terrorism, drug trafficing, gangs, and other criminal activity along our southern border and seaboards would seem to be invasions.
(16) "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 respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress" - full authority for the armed forces.
(17) "To exercise exclusive Legislation in all Cases whatsoever over such District (not exceeding ten Miles aquare) as may, by Cession of particular States, and Acceptance of Congress, become the Seat of 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" - provides for governing the District of Columbia and all federal installations.
(18) "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" - meaning that all Executive Orders and regulations of EPA, FCC, DOT, and other Executive Branch departments cannot have the force of law - only Congress has that authority.
In addition to these specific powers, the enabling clause in Amendments 13, 14, 15, 19, 23, 24, and 26 gives Congress "the power to enforce this article by appropriate legislation." The 16th Amendment gives them the "power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration" - but it says nothing about deductions, credits, exclusions or differential tax rates.
This is all Congress can do - nothing more. Amendment 10 underscores this - "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."
Let's hold Congress - and the President - accountable starting today.
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