Truth Before Dishonor

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Archive for November 2nd, 2009

US Constitution v. US Government

Posted by John Hitchcock on 2009/11/02

Today’s federal government is violating the US Constitution in a great many ways. In fact, the Constitution has not been violated this badly at least since FDR. Just a few of the violations are as follows:

(US Constitution link here and in my side-bar)

Section 8 – Powers of Congress

The Congress shall have Power

(snip)

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the 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; And

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.

The purchasing of land is for military use and “other needful buildings.” There is nothing there that says the federal government can own massive swaths of wilderness (national forests, for example).

Exclusive legislation in all cases whatsoever over DC: means no federal agency can write any regulations regarding anything to do with DC; it’s specifically US Congress’ responsibility. And there is no room to abdicate that responsibility.

To make all laws which shall be necessary and proper … and all other powers … in any department or officer thereof: All laws come from congress. There is no room for any law to come from some agency. The Constitution does not provide for congressional abdication of responsibility.

Section 7 – Revenue Bills, Legislative Process, Presidential Veto

(snip)

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Every bill … shall be presented to the President to sign or veto. If the President vetoes it, the Congress will try to overturn the veto by 2/3 majority. Or the President can let the bill become law by doing nothing for 10 days: Proposed laws must pass through the President for action (or inaction) before becoming law. And if the President says “no” each house of Congress must override by 2/3 vote. Again, there is no room for outside agencies making laws. (And don’t even try to tell me a federal regulation is not law. You’ll get laughed out of court as you lose that legal battle.)

This means all EPA, FCC, FDA, OSHA, DOE, etc, ad nauseum regulations are unconstitutional. They may well be good regulations but they are still unconstitutional. Let Congress pass the laws and be held accountable for them, as the Constitution requires. Stop the Congressional Cowardice.

Section 2 – Civilian Power over Military, Cabinet, Pardon Power, Appointments

(snip)

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall nominate, by the advice and consent of the Senate, ambassadors, other public ministers and consuls, … all other officers of the US. But Congress may by law vest the appointment of inferior officers in the President alone: Congress needs to write a law specifically allowing the President to make appointments without Senate approval. Without such a law, no such appointments are constitutional. That means all the “czars” have to go.

Posted in Constitution, Obama, politically correct, politics, society, truth | 1 Comment »

 
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