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In recent discussions, it's become clear that many people aren't really that familiar with the US constitution.  This is a shame because it's actually not very long.

The constitution is broken into two parts.  The first part lists the explicit powers the government has.  The second part are the amendments, two of which are designed to make it bloody clear that only the explicitly named powers listed are things the federal government can do.

The recently passed ACA was held as constitutional only because the court narrowly decided that the government had the power to tax people based on whether they have insurance or not.  

Most of the runaway government comes from the 3rd item below known also as the "commerce clause". It's amazing at how one little chink in the armor has been exploited so massively. The word "regulate" has been tortured into all kinds of things.

Similarly, the 16th amendment has been tortured to give the federal government all kinds of weird powers.  If you look through the constitution, the only amendment that gives the government more power is the 16th. The rest have been put in to reduce federal power. And two of the amendments were put in there as a "We aren't kidding, seriously, No joking, only the 16 enumerated powers are things the feds can do. Really!"

Since some people seem to be confused as to what the federal government is legally allowed to do here is a list:

  1. The Congress shall have 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;
  2. To borrow on the credit of the United States;
  3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
  4. To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
  5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
  6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  7. To establish Post Offices and Post Roads;
  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;
  9. To constitute Tribunals inferior to the supreme Court;
  10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
  11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
  12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
  13. To provide and maintain a Navy;
  14. To make Rules for the Government and Regulation of the land and naval Forces;
  15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel 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, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
In addition, 27 amendments were added to the constitution to further clarify any remaining question on what the federal government is allowed to do. They are:
  1. The federal government may not pass laws limiting your speech or establish an official religion.
  2. The federal government may not prevent you from buying a gun.
  3. The "" may not quarter troops in your house.
  4. The "" may may not search and seize things on a whim but only through search warrants based on probably cause.
  5. The "" may  not force you to incriminate yourself.
  6. The people have a right to a trial by jury.
  7. The people also can demand a jury in civil cases.
  8. No cruel or unnsual punishment allowed.
  9. Restates, for future progressives, that the federal government can only perform the ENUMERATED rights (we had a whole amendment dedicated to this and it still gets forgotten)
  10. Restates, for future progressives, again, seriously, NO KIDDING, that the federal government only has those 16 previously enumerated rights and everything else is left to the states. Clear enough? 2 of the 10 bill of rights designed to make sure no future progressive will think that "promote the general welfare" suddenly is a cart blanche new power. Only those 16 powers.
  11. States are immune from suits from foreigners.
  12. The Prez and Vice President are no longer the 1st and 2nd place finishers in elections.
  13. Slavery is now illegal.
  14. Equal protection of the law and everyone is gauranteed due process.
  15. All men can vote, regardless of color.
  16. The government can now collect money via an income tax.
  17. Senators are now elected by popular vote.
  18. Alcohol is now illegal. 
  19. Women can now vote too.
  20. Changes the date when congress and the president come into office.
  21. Just kidding on the booze, alcohol is legal again.
  22. You can only serve two terms as President.
  23. Washington DC gets to have a vote in presidential elections.
  24. You can't charge people to vote (i.e. no poll taxes).
  25. Clarifies succession for the presidency.
  26. 18 year olds can now vote.
  27. Salary increases for congress dont' go into affect until after the next election

See? Is this really that complicated? The federal government has 16 things it is allowed to do. But for future dumb people, the bill of rights has 2 amendments to emphasize that yes, and truly, only those 16 things are allowed.

So next time someone tells you that the federal government can do anything it wants if it passes congress or if it's popular with the people show them this. Because no, unless they can get the constitution amended to allow whatever their progressive dream they're having, if it's not listed here, it isn't legal unless they can manage to torture the 3rd enumerated power (commerce clause) or the 16th amendment further.

That said, for the most part, your STATE can go nuts.

 

Comments (Page 7)
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on Oct 16, 2013

A polite reminder to ALL.

Personal attack is not acceptable, period.

on Oct 16, 2013

Frogboy

Wow. There is so much fail those 3 responses I don't know what to say.

I do like he part where the word evil is quoted, implying that I had actually said or implied thst the federal government was evil. Then there's the strawman about slavery.

 

 

Strawman?  So slavery didn't actually exist?  Or Lincoln and the abolitionists at the federal level weren't trying to push over state's rights which was exactly what you said started in the 1940s?

Where in the U.S. did you go to school where they taught slavery didn't actually exist?

 

on Oct 16, 2013

A more recent example that could be used was the 24th Amendment in the 1960's, which is how Southern Dems became Dixiecrats, then Republicans, then Tea Partiers.

 

That said, in that case, the other 39 or so states did have the votes.   That was a more modern example of the majority imposing its will on the minority, for a good reason.   (It can be for bad reasons as well- see Egypt and what the Muslim Brotherhood tried to do over there, or Erdogan and Turkey)

 

Minority obstructionism can be good or bad as well.  This is one reason why there is no real perfect system for democracy.

 

That said, we do have some problems with our current system- the electoral college, gerrymandering, filibustering department heads and judges just to keep an office unfilled-  being the three big structural ones,

 

on Oct 16, 2013

Ooh....and when was the last time 18th century man drove his hundred gun warship into a primary school and killed all the kids?

When was the last time a bunch of idiots drove planes into buildings?

 

Just because it has not happened does not mean it never will.

on Oct 16, 2013

I'm really not sure how your condescending rant has anything do to with my questioning your statement that the 2nd amendment gives us the right to own bazookas and SAMs.

Is there a point to your ramblings that actually reflect my attitudes, I think not.

I'm not against the 2nd amendment, which I think you think I am. I didn't allude to a desire to change the constitution. Should I thank you for the unnecessary civics lesson, I think not.

I stand by my statement that when the 2nd amendment was written the definition of "arms" is much different than what is it today. I also think the ATF would disagree with you as well,

Here's a piece of friendly advice back to you; oh, I don't have any, I'm not your friend.

Most of the information is for the kids reading these posts, not for you.  The information I was giving you wasn't a lesson in civics, it was a lesson in natural rights.  Since you are obviously ignorant of this, I'll inform you that Civics replaced Natural Rights as a part of the core curriculum in the 1800's and after a lot of research I believe that this change is one of the main reasons that the founding principles of this country have become thrown out.

We don't have to be friends, neighbor, it's a free country.

As a practical matter, the founders would have been appalled at the idea of the federal government making the purchase or acquisition of anything illegal.  Even Hamilton would wonder what business it is of the the government what I purchase with my money.

I consider taking the perspective of the founding fathers to be a red herring on the modern understanding of constitutional law.

Here is why:

1. The founding fathers are dead and therefore not around to make their real opinion known and there is no one alive today that can remember them.  This creates an implicit understanding of the constitution because there are no primary sources.

2. Historical documents are what was written down, not necessarily what actually was, tainted by their bias and possible exclusions.  This creates an implicit understanding of the constitution because the writers of the documents aren't around to interpret them properly.

3. The idea of a living constitution comes from the lawyers and historians that try to interpret the writings of the constitution so that new regimes can exploit cultural ignorance(media) so that they can gain more power.  In this way the constitution is subverted, as a legal document it should be explicitly read, because one of the defining qualities of a constitution is that it is an explicit document and cannot therefore be read honorably with an implicit interpretation.  Constitutions are written knowing full well that they are explicit documents.  Please look up the meanings of implicit and explicit if you don't know them, it will be painfully obvious if you respond without knowing this.

A living constitution is subversive and not law.



on Oct 16, 2013

sareth01

The idea of a living constitution comes from the lawyers and historians that try to interpret the writings of the constitution so that new regimes can exploit cultural ignorance(media) so that they can gain more power.  In this way the constitution is subverted, as a legal document it should be explicitly read, because one of the defining qualities of a constitution is that it is an explicit document and cannot therefore be read honorably with an implicit interpretation.  Constitutions are written knowing full well that they are explicit documents.  Please look up the meanings of implicit and explicit if you don't know them, it will be painfully obvious if you respond without knowing this.

A living constitution is subversive and not law.

This thread could live on for another 10 years and this point will still be its high water mark. 

+1 to you sir. 

This is the entire reason they added a formal process to change the document as times warranted.  That they made the process difficult was because they didn't trust the whims of majority.

on Oct 16, 2013

sareth01

A living constitution is subversive and not law.

 

The founding fathers gave implicit acceptance of slavery, and regarded women and ethnic minorities as property.  If it is subversive to find aspects of the original constitution, before adoption of amendmends, as having been in any way evil -- such as slavery -- then I am proud to be subversive.

on Oct 16, 2013

Chibiabos

The founding fathers gave implicit acceptance of slavery, and regarded women and ethnic minorities as property.  If it is subversive to find aspects of the original constitution, before adoption of amendmends, as having been in any way evil -- such as slavery -- then I am proud to be subversive.

The founding fathers knew that the document would need to change.  That's the reason for the amendment process in the first place.  

If the words in the document don't have concrete meaning, which the theory of a "living" constitution says they do not, then the document is useless. It's just another vehicle to impose the ruling class's will on the people and it has in fact been subverted entirely from it's original place in our society. 

on Oct 16, 2013

That's why we have case law.  Living constitution does not supposedly allow you to contravene previous SC decisions on the same amendment unless you can come up with another argument.  (though this gets ignored on occasion by the SC)

There are limits on the living constitution.

 

 

on Oct 17, 2013

Alstein

That's why we have case law.  Living constitution does not supposedly allow you to contravene previous SC decisions on the same amendment unless you can come up with another argument.  (though this gets ignored on occasion by the SC)

There are limits on the living constitution.
 

That's not what a living constitution means though.  Living constitution has nothing to do with case law per se.  As a concept it is saying that the meaning of the phrases within the document should be interpreted through current context in order to keep the document relevant with modern society.  Simplified somewhat it is saying that the meaning of each clause changes as society changes.  

Which defeats the purpose of a constitution.  It is no longer an explicit set of rules to govern ourselves with.  It is something fungible based upon "modern interpretation".  

The founders knew the document would need to be changed and updated.  That's why the amendment process exists.  The entire doctrine of "living constitution" is just a method to replace the meaning of clauses that a particular group doesn't like with a meaning that they prefer  while avoiding the debate around amendments all together.  It's a way to underhandedly avoid the checks on amendments that the framers purposefully wrote into the system. 

 

on Oct 17, 2013

Frogboy
It is true that history is replete with examples of the government defying the constitution and getting away with it. That doesn't mean that those exceptions were the rule.  The Louisiana Purchase was unconstitutional. The Central Bank is probably unconstitutional (the federal reserve almost certainly is).

You have a really bizarre view of the Constitution.

I'll just take the Louisiana Purchase.  From wikipedia:

"Jefferson’s secretary of state, James Madison (the “Father of the Constitution”) assured Jefferson that the Louisiana Purchase was well within even the strictest interpretation of the Constitution."

Jefferson was well known as a strict constitutionalist.  Madison was the FATHER OF THE CONSTITUTION.  They were the ones pushing for it.  You can have whatever opinion you want on the constitution, but when it is in direct conflict with Jefferson and Madison, well, I'm going to side with them.

The same kind of stuff applies to most of your views. The Supreme Court just doesn't agree with you.

on Oct 17, 2013

Jefferson was convinced the purchase was unconstitutional.  He did it anyway out of necessity.  He was also the last holdout.  Committing to sign it if it made it through congress, it squeaked by on two votes.

 

His choices were wait for an Amendment and risk the deal falling through, or do it without one.  The result of a deal falling through was likely war with Napoleon.  The guy wanted to expand his empire there as well.  He was just experiencing some difficulties at the time and needed the money more than he wanted the empire.  War with England and the slave revolt that ended French control of Haiti and cost France a third of their income, minor little details.

on Oct 17, 2013

Krazikarl


Quoting Frogboy, reply 84It is true that history is replete with examples of the government defying the constitution and getting away with it. That doesn't mean that those exceptions were the rule.  The Louisiana Purchase was unconstitutional. The Central Bank is probably unconstitutional (the federal reserve almost certainly is).

You have a really bizarre view of the Constitution.

I'll just take the Louisiana Purchase.  From wikipedia:

"Jefferson’s secretary of state, James Madison (the “Father of the Constitution”) assured Jefferson that the Louisiana Purchase was well within even the strictest interpretation of the Constitution."

Jefferson was well known as a strict constitutionalist.  Madison was the FATHER OF THE CONSTITUTION.  They were the ones pushing for it.  You can have whatever opinion you want on the constitution, but when it is in direct conflict with Jefferson and Madison, well, I'm going to side with them.

The same kind of stuff applies to most of your views. The Supreme Court just doesn't agree with you.

My bizarre view on the constitution came from Jefferson himself.

Having an interest in this period of history I've read a number of biographies including ones on Jefferson, Adams, and Hamilton not to mention founding brothers. It was pretty clear that the consensus was that the Louisiana purchase was unconstitutional. But our interests in getting it so strong that we looked the other way.  

Would you knock off the quasi personal attacks? 

on Oct 17, 2013

Chibiabos
The founding fathers gave implicit acceptance of slavery, and regarded women and ethnic minorities as property.

That is false.  Women were never property (and crimes against them were prosecuted), and there were free blacks even then. 

Your statement is false in every aspect, but mostly because of your attempt to generalize the situation.  Slaves were regarded as property.  Ethnic minorities, women, and any other class of humans were not.

You only destroy your own credibility when you devolve into false histrionics.

on Oct 17, 2013

Frogboy
My bizarre view on the constitution came from Jefferson himself.

The irony is that Jefferson (in his letters) acknowledged that the Louisiana purchase was contrary to everything he believed.  Why he did it still has scholars debating to this day.  You can justify the expense in many ways, but the basic fact is that it grew the central government and assumed power that was not intended.

The problem with the Constitution was that it was written by smart honest men.  Not by sneaky lawyers, so the latter have used the lack of specificity to corrupt it over the last 200+ years.

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