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View Full Version : Congress has a Constitution problem



jimnyc
01-15-2013, 02:46 PM
Hmmmmm.....


Each of them takes an oath to defend the Constitution, but many House lawmakers either don’t understand the founding document or don’t take its precepts seriously, according to an analysis by The Washington Times that studied the constitutional backing that representatives submitted for each of the more than 3,000 bills they introduced in 2011.

Under rules that the new Republican majority put into place, each House member introducing a bill must cite specific parts of the Constitution that they think grant Congress the authority to take the action they are proposing.

The first year’s worth of action was less than inspiring for adherents of the founding document: Many lawmakers ignored the rule, while others sliced and diced the clauses to justify what they were trying to do. One thumbed his nose at the exercise altogether, saying it’s up to the courts, not Congress, to determine what is constitutional.

Most striking of all is how little the statements mattered in the debates on the bills. They were mentioned just a handful of times on the floor, and didn’t foster the constitutional conversation that Republican lawmakers said they wanted to spark.

“A lot of people were wanting it to be a mechanism for actually forcing something to happen. And that didn’t happen. And I think it didn’t happen because, by its very nature, it’s not the right mechanism for doing it,” said Matthew Spalding, vice president of American studies at the Heritage Foundation.

http://i.imgur.com/CuG0Z.jpg

http://www.washingtontimes.com/news/2013/jan/14/defenders-of-constitution-dont-always-use-it-for-l/

revelarts
01-15-2013, 03:34 PM
"general welfare"
"commerce" clause
"necessary and proper" clause

all the vaguest and most abused parts of the constitution.

the anti-federalist were right.

"This [new] government is to possess absolute and uncontrollable powers, legislative, executive and judicial, with respect to every object to which it extends, for by the last clause of section eighth, article first, it is declared, that the Congress shall have power “to make all laws which shall be necessary and proper....
...So far, therefore, as its powers reach, all ideas of confederation are given up and lost. It is true this government is limited to certain objects, or to speak more properly, some small degree of power is still left to the States; but a little attention to the powers vested in the general government, will convince every candid man, that if it is capable of being executed, all that is reserved for the individual States must very soon be annihilated, except so far as they are barely necessary to the organization of the general government. The powers of the general legislature extend to every case that is of the least importance-there is nothing valuable to human nature, nothing dear to freemen, but what is within its power. It has the authority to make laws which will affect the lives, the liberty, and property of every man in the United States; nor can the Constitution or laws of any State, in any way prevent or impede the full and complete execution of every power given. The legislative power is competent to lay taxes, duties, imposts, and excises;-there is no limitation to this power, unless it be said that the clause which directs the use to which those taxes and duties shall be applied, may be said to be a limitation. But this is no restriction of the power at all, for by this clause they are to be applied to pay the debts and provide for the common defense and general welfare of the United States; but the legislature have authority to contract debts at their discretion; they are the sole judges of what is necessary to provide for the common defense, and they only are to determine what is for the general welfare...

http://www.rightsofthepeople.com/freedom_documents/anti_federalist_papers/anti_federalist_papers_17.php