Sunday, June 5, 2011

ENUMERATED POWERS

Some say that stating that the Constitution doesn't specifically allow for it, therefore it must not be Constitutional is a failure of logic. But I say hogwash! If you are told, 'You will do these things and nothing more.' then you authorized those things and nothing more. In the constitution we have that specific situation. We have a specific list of duties for the federal government in Article 1 Section 8 (summarized by yours truly):

*To Tax to carry out the list bellow
*To borrow money
*To regulate Commerce with foreign Nations, the States, and with the Indians
*To establish Rules on Immigration bankruptcies
*To coin Money, fix the Standard of Weights and Measures;
*To Punish counterfeiting
*To establish Post Offices and Post Roads;
*To enforce patents and copyrights
*To make courts inferior to the supreme Court;
*To enforce maritime and international law
*To declare War
*To maintain the military
*To cal forth the Militia
*To organize, arm, and discipline, the Militia, called to serve actively
*To administer Washington DC and build other federal use facilities
*To make all Laws to do the above

Then to put the cherry on the cake in the 10th amendment specifically states that:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

To me the VERY logical conclusions of those FACTS is that the list of enumerated powers is all there is. Anything else must be handled by the people or the states. Now, as I have said in the past there is some bad case law that we have to deal with, but the constitution itself is pretty clear.

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