How To Help Stephen
Video: Interview w/Diana Hsieh 9/17/10
Connect with Steve
Stephen on Facebook
Tweets

You Have a Clear Choice
I will be governed by a single political principle:  The protection of individual rights by ensuring the government never initiates the use of force against its citizens. By supporting and defending the Constitution, I will be the best insurance policy you have ever had. I will spend every waking moment protecting your freedom and liberty.   Your freedoms and liberties can only be violated when force is initiated against you.

The incumbent, Polis, will be working day-and-night to violate your liberty and eliminate your freedom in virtually every way you can imagine. The incumbent believes that the initiation of the use of force by government is proper. The only known instance of the incumbent citing Constitutional authority for legislation is in defense of gay marriage and to justify his vote against defunding ACORN. I personally asked the incumbent multiple times where the Constitution provides authority for the health care legislation (HR 3962), he supported. He had no answer. The evidence is conclusive that the incumbent will cite constitutional authority when it serves his purpose and ignore constitutional limitations on congressional powers when they conflict with his point of view. In other words, if the incumbent acts on principle, it isn’t the principles of the Constitution which guide and constrain him. The incumbent supports the infringement of free speech as he wants government funded election campaigns and government regulation of the internet. Government funding of campaigns also violates freedom of association as people are forced via taxation to support candidates they oppose. The incumbent wants tyrannical government led by a Congress with unlimited powers.
The choice before you could not be any clearer: Freedom or serfdom.

Discussion
The language of the Constitution is plain. It does not require a Constitutional lawyer to read it, understand it and interpret it. At about 20 pages [link to http://www.earlyamerica.com/earlyamerica/freedom/constitution/text.html], including amendments, it is short and to the point. It enumerates specific powers that the people and the states have delegated to the federal government. As the 10th Amendment states, all powers not delegated to the federal government are reserved (retained) by the people and the states. The federal government cannot exercise any power beyond those enumerated in the Constitution unless the Constitution is amended to delegate additional powers to the federal government.

Article I, Section 8 enumerates the Congressional powers. This section is often mis-constructed and should be read in conjunction with Madison’s 41st Federalist Paper.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide the common Defence and general Welfare of the United states; but all Duties, Imposts and Excises shall be uniform throughout the United States;
The “general Welfare” clause has been misused to justify unlimited Congressional powers. Of course, this misuse is easily refuted informally by asking and answering the question: If the Founding Fathers intended to provide Congress with unlimited power, then why did they bother writing the rest of the Constitution?

Madison formally refuted this miss-construction by observing the intentional grammatical structure. The first thing to note is that the entire section is one, single sentence. The introductory clause quoted above is the general power and the subsequent clauses are the specific contexts, and the only contexts, within which that power may be exercised. Paraphrasing the introductory clause, the reason why Congress is given the power to lay and collect taxes, duties, imposts and excises is to provide common defense and general welfare of the country is for the purposes further enumerated in section 8:

  • Borrow money on the credit of the United States
  • Regulate commerce with foreign nations and among the several states and Indian Tribes
  • Establish a uniform rule of Naturalization and uniform laws on bankruptcy
  • Coin and regulate the value of money and establish standards of weights and measures
  • Provide punishment for counterfeiting U.S. securities and coin
  • Establish post offices and post roads
  • Promote science and art by securing for limited times the exclusive right to authors and inventors their respective writings and inventions. (Copyrights and patents.) Note, this clause does not permit the Congress to create agencies to fund scientific research or pay for the creation of art works.
  • Create courts inferior to the Supreme Court
  • Define and punish piracies and felonies
  • Declare war, grant Letters of Marque and Reprisal and make rules concerning Captures on Land and Water
  • Raise and support Armies (but appropriations can cover a term no longer than 2 years)
  • Provide and maintain a Navy
  • Establish rules for government and regulation of the land and naval forces (Army and Navy)
  • Call forth the Militia to execute the laws of the Union and suppress insurrections and repel invasions
  • Organize, arm and discipline the Militia and govern the Militias when employed in service to the United States. (Although the states retain the power to appoint officers and provide training.)
  • Exercise legislation for the District of Columbia.
  • In general, the ability to make all laws necessary for carrying into execution the preceding powers.

The 13th, 14th and 15th Amendments extended the Congressional powers to create laws prohibiting slavery and involuntary servitude (except as criminal punishment); ensuring that all persons that are citizens of the United States are equally protected; ensure that the right of all citizens to vote shall be protected. These amendments correct the one major flaw in the Constitution: slavery. These amendments ensure that the rights of all citizens of the United States are equally protected. These amendments prohibit the government (Federal and State) from discriminating against any citizen for any reason. It also ensures that no citizen may be given preferential treatment as that would require discriminated treatment against other citizens.

The form of government that we have enjoyed is a Constitutional Republic where our temporary representatives are selected democratically. The Constitution does not proscribe a democracy as our form of government. Why is that? Our Founding Fathers knew that a democracy does not protect the rights of its citizens. Majority rule allows the majority to do anything to the minority. The smallest minority is the individual. Our rights are unalienable. That means they are not subject to violation by a vote of a majority whether that majority is 99.9% or 50.1%.

It is clear that the Congress has far overstepped its enumerated powers. The peoples’ anger at Congress for exercising unauthorized powers and, in so doing, trampling the rights of the people is understandable and justified.