Cap and trade legislation, education reforms, health care, buyouts of American companies, and most of the other proposed and recently enacted bills of Congress are unconsitutional in my opinion. They are in direct violation of Article 1, Section 8 of the Constitution and Amendment X.
There are but 18 specific eneumerated duties of Congress. Over one-third of them (7) have to do with the military. That leaves 11 others. Two deal with coining money and conterfeiting. One with the Post Office. Another with trademarks and patents. One deals with maritime interests and piracy. One allows establishment of lower courts
The remaining five include (1) borrowing money using the credit of the United States, (2) creating uniform laws of naturalization and bankruptcies, (3) regulating commerce (international and interstate), (4) levying and collecting taxes, and (5) making the necessary laws to carry out the first 17 duties.
Congress has not declared war since December 8, 1941 although we have been involved in many battles since then in Vietnam, Korea, Bosnia, Grenada, Haiti, Cuba, Somalia, Panama, Afganistan, Kuwait, Iraq, and elsewhere. Also, Congress has not exercised its authority over prisoners of war.
Education is not an enumerated powere and therefore a states right. However, we have the Department of Education. The Constitution is silent on giving the government the power to bailout banks or loan money to public companies. It says nothing of health care.
The point is this. We have allowed - over the years and generations - our government to grow like a stage 4 cancer until it has assumed powers never intended or permitted and it is threatening to kill our American way of life as originally expressed through the founding documents.
───
For more information on my coaching and educational programs and services, visit my website stevehoffacker.com or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. You can also listen to my free podcast messages at Steve Hoffacker's Happenings.
© Steve Hoffacker, 2009. All Rights Reserved.
What a wonderful analogy you have made with the government growing like a Stage 4 cancer. So true.
It is a shame that our elected officials have forgotten who they represent.
The big problem is that every lawsuit brought against the federal government stating a violation of the commerce clause or war declaration or any type of over stepping of the government's authority ends up getting shot down by the Supreme Court - every single time. Think of the New London decision regarding eminent domaining private property in order to give it to a developer - what a joke, yet the Supreme Court allowed it. We have tread so far down the wrong path for so long, it is ridiculous. Too bad we can't get someone like Mitt Romney or Ron Paul in charge of the government. Those guys would clean house big time.
Kim,
Thank you. I'm sorry to have to be so graphic to make my point. :)
Steve
Rob,
You are so right, and don't even get me started on the Supreme Court. When formed, they had very little power - it should have stayed that way. :)
Steve
Steve - unfortunately, they have milked that commerce clause for all it's worth, and then some!
Mike,
They really have - and when that doesn't work, they've used the general welfare one. :)
Steve
It's taken me a long time to see your point of view. I don't agree with it, but I understand where you are coming from.
Cap and trade requires the belief in Global Warming.
Healthcare requires the belief that the corporations should not hold people hostage if they get sick
Bailouts were started under the last administration
The stimulus was done because the government felt like it had to act in order to prevent a collapse of the economy. While the economy isn't roses right now, it still did not collapse. I would hate to see whta would have happened if we hadn't.
Nogui,
Thank you for your comments. Bailouts, stimulus, health care, cap and trade, and other such sweeping measures are grounded in fear - that we have to act to prevent or stem catastrophic outcomes. I don't buy it. As for the economy, we likely would have been no differnt or even better off if things had just run their course. :)
Steve