In the Constitutional Authority Statement, once again we are going to explore yet another abuse of the Constitution.
H.R. 3018: Gun Violence Prevention and Safe Communities Act of 2013
Introduced: Aug 02, 2013
Sponsor: Rep. Danny Davis [D-IL7]
[Congressional Record Volume 159, Number 114 (Friday, August 2, 2013)]
From the Congressional Record Online through the Government Printing Office.
By Mr. DANNY K. DAVIS of Illinois:
Congress has the power to enact this legislation pursuant to the following:
Article I, Section 8, Clause 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.
Clause 1 is basically a preamble to the Enumerated Powers that immediately follow and in itself does not grant Congress any additional powers.
In Federalist No. 41 (last 4 paragraphs) James Madison addresses this precise issue. He points out that the first paragraph of Art. I, § 8 employs “general terms” which are immediately followed by the Enumerated powers.
Mr. Davis needs to take a Constitution 101 course, and he is not the only one.