While the percentages cannot be confirmed, mainly due to the lack of methodology used but also because New American’s understanding of the Constitution is yet to be determined. The particular senators or representatives understanding of the Constitution is also yet to be determined. So for now, we are left with taking this at face value. No more, no less.
The Constitution REMAINS as written, along with the Bill of Rights (BOR), and then along with all other amendments. For this discussion, we will just stay with the Constitution and the BOR.
First we need to understand just what powers are granted the federal government, via Congress, in the Constitution which are stated below. Now, whatever subject or law proposed by congress that IS NOT INCLUDED in the Enumerated Powers (Article 1 § 8) then Congress DOES NOT have the power to make such legislation. We will include the Supreme Court in this as well.
Article 1 Section 8 - Powers of Congress
1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2. To borrow money 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 an 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;
17. 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
18. 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.
Take note of Clause 1, Clause 3, and Clause 18. These are the three most abused clauses this congress, or all other congresses for that matter, have indulged in.
Clause 1 is just a preamble to the Enumerated powers that immediately follow.
Clause 18 is just a further restriction and like clause 1 does NOT, in itself, grant Congress ANY ADDITIONAL POWERS. Then we have clause 3. The most abuse clause within the Constitution, of which the Supreme Court can be held TOTALLY responsible.
Take the ‘Defense of Marriage Act’ (DOMA). Would anyone care to inform this column and it’s readers how the federal government can legislate marriage let alone how it actually became law? Then to rub salt into the wound, how the Supreme Court made a totally unconstitutional decision/opinion on the same subject and thus exceed their powers. Please don’t quote Marbury again ! That decision/opinion well exceeded the Court’s authority under the constitution.
Next, let’s take California’s PROP 8. The state ban of gay marriage of which the Supreme Court decided to hear and make a decision/opinion. Since marriage legislation is NOT prohibited the States under Article 1 § 10 and/or the BOR, then the states can legally/constitutionally legislate marriage. The Supreme Court has no business getting involved with state laws unless a particular law is unconstitutional, of which the ban of gay marriage by states IS constitutional. VERY SIMPLE.
Then we come to the favorite. The 2nd Amendment.
When one looks at the enumerated powers above, firearms/arms are not listed. Therefore ALL federal firearms laws are UNCONSTITUTIONAL. So....then are state firearms laws constitutional? According to the 10th Amendment, one could assume that the states are free to legislate firearms. In that assumption, one would be totally wrong. We have this pesky 2nd Amendment. While the 2nd Amendment has no relevance to FEDERAL law, it does impact STATE law. It always has. The McDonald decision by the Supreme Court was totally wrong, and unconstitutional. The Supreme Court deemed the 2nd Amendment was incorporated to the States via the 14th Amendment. What a load of rubbish. The 2nd Amendment has ALWAYS been incorporated to the States via Article 6.
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