Support the Enumerated Powers Act
This legislation, from Representative John Shadegg (R-AZ), would make Congress far more likely to follow the 9th and 10th Amendments:
NINTH AMENDMENT: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
TENTH AMENDMENT: 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.
The “Enumerated Powers Act” would force Congress to cite its Constitutional authority for every law it passes.
The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress.
Congress may exercise only those powers that are stated in the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.
From John Shadegg:
For too long, the federal government has operated without constitutional restraint. In doing so, it has created ineffective and costly programs, massive deficits year after year, and a national debt totaling nearly $7 trillion. The Enumerated Powers Act will help slow the flood of unconstitutional legislation and force Congress to reexamine the proper role of the federal government.
If you think Congress should have to quote “chapter and verse” from the Constitution before it creates a new law or program, please ask Congress to pass the “Enumerated Powers Act.”
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They’d all just cite the Preamble… which isn’t Article 1, Section 8, but that’s what they’d do to say it was Constitutional.
Oliver, you’re absolutely right - they do cite the Preamble - and they get away with it because far too many Americans don’t know the first thing about the Constitution.
As you most likely already know, the preamble is just that - a preamble…..nothing more, and nothing less.
This is absolutely not an authorization of power - in any way.
All that the preamble says is this:
1. We the people
2. for these reasons (welfare, justice, tranquility)
3. establish a constitution
The Constitution then goes on to provide the rules for government. When government follows those rules, we have those things that “we the people” listed at the beginning.
The preamble, like the preamble for every document, is simply an explanation of what the document is being written for. period.
Here’s the definition of preamble, just so there’s no misunderstanding:
pre·am·ble: the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows.
Unfortunately, politicians have misled many good-meaning people to believe that they can do whatever they want, as long as it fits their or your definition of what “general welfare” is. It’s pretty easy to see where that’s gotten us.
Can you give an example of a bill passed by Congress that cites the Preamble as an “authorization of power”?
The Congress may cite, for example, the “necessary and proper” clause, or the “interstate commerce” clause, which are in the Constitution proper, and which have been interpreted by the Supreme Court to give Congress quite a bit of leeway; I doubt they cite the Preamble nearly as often (if ever).
The whole exercise is a bit misguided, in my opinion, since it is clearly the Executive branch, not the Legislative branch, which currently and historically has gone far beyond its constitutional remit.
What is the point? I mean, what if they cite a section and it is wrong section? Would that make the law unconstitutional? That sure sounds silly to me. It sounds like you don’t like the process of checks and balances we have.
Yeah, that would make their law unconstitutional, since Congress would be stepping outside the boundaries set for it by the constitution… sounds like a great idea, in fact. Though I agree with Michael, the executive branch seriously needs this more than Congress does.
As if such a law would really make a difference or even get passed. The federal government hasn’t obeyed the Constitution in years; we have the President who believes in the Unitary Executive that is not mentioned in the Constitution, we have the Vice-President saying he isn’t a part of the Executive Branch nor the Legislative Branch of government, we have a Congress that cedes its power to declare war to the President so he can declare a war that makes no sense and the people don’t want, and a Supreme Court that decides issues based on political ideology and not the law.
Just call me bitter in Idaho!
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