Thursday, December 24, 2009

Senate Vote: Dems Don't Give a Rip about Constitutionality

The liberals in the Senate have thumbed their nose at the United States Constitution, spurning a call to hold up the current socialist health care bill against the Constitution to see if it passes muster.

From Fox News:

During a series of seven votes wrapping up the health care debate, Senate Republicans failed in their last-ditch efforts to derail the bill.

The Senate voted 60-39 to reject Sen. John Ensign’s call to examine the constitutionality of a health care mandate central to the overhaul bill.

The Nevada Republican wanted to determine whether it was constitutional for the federal government to require Americans to purchase health insurance.

There is no higher test for a bill in congress, no more important requirement for legislation than it be in harmony with and be allowed by the U.S. Constitution.  And these pretender “representatives” refuse to even look at it.

I appreciate the effort from Senator Ensign, but these socialists aka Democrats in Washington have made it abundantly clear that they don’t know about the Constitution and don’t care about the Constitution when it stands in the way of their glorious socialist revolution.  They demand socialized health care in America, and the U.S. Constitution can just be damned in their myopic eyes.

Meanwhile, real Americans know the truth that this un-American legislation is totally outside the bounds of the Constitution the founders crafted to protect our liberties.   Anyone who cared the slightest whit about the Constitution would know this.

Article 1 Section 8 outlines the areas of authority of the federal government; outside of these enumerated powers, congress has no authority.

The Tenth Amendment further clarifies this by stating

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.

And for the more obtuse or obstinate among us, the founders themselves made it abundantly clear:

[The purpose of a written constitution is] to bind up the several branches of government by certain laws, which, when they transgress, their acts shall become nullities; to render unnecessary an appeal to the people, or in other words a rebellion, on every infraction of their rights, on the peril that their acquiescence shall be construed into an intention to surrender those rights. – Thomas Jefferson

Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. – Thomas Jefferson

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense. – James Madison

[T]he Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of convention, but from the general theory of a limited Constitution. – Alexander Hamilton, Federalist No. 81, 1788

The Constitution says, “Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, &c., provide for the common defence and general welfare of the United States”. I suppose the meaning of this clause to be, that Congress may collect taxes for the purpose of providing for the general welfare, in those cases wherein the Constitution empowers them to act for the general welfare. To suppose that it was meant to give them a distinct substantive power, to do any act which might tend to the general welfare, is to render all the enumerations useless, and to make their powers unlimited. – Thomas Jefferson

Our tenet ever was…that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. – Thomas Jefferson

They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please…Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect. – Thomas Jefferson

Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated. – Thomas Jefferson

[Congressional jurisdiction of power] is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.” – James Madison

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions. – James Madison

The powers delegated by the proposed Constitution to the federal government are few and defined . . . to be exercised principally on external objects, as war, peace, negotiation, and foreign commerce.” – James Madison

With respect to the two words ‘ general welfare,’ I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. – James Madison

We must confine ourselves to the powers described in the Constitution, and the moment we pass it, we take an arbitrary stride towards a despotic Government. – James Jackson, First Congress

A wise and frugal government … shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government. – Thomas Jefferson

The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If `Thou shalt not covet’ and `Thou shalt not steal’ were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free. – John Adams, A Defense of the American Constitutions 1787

I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. – James Madison

Charity is no part of the legislative duty of the government. – James Madison

If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress. … Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America. – James Madison

What these socialists in congress are doing, they do in clear, defiant contradiction to the United States Constitution and the American form of government.

It’s no wonder that, even on the heels of months of unprecedented patriotic activity from the Tea Party movement and at town hall meetings across the country, there is fresh and widespread talk of civil disobedience in the face of this unprecedented assault on our way of life.

Whether or not we are on the verge of a fresh 1776 or not, one thing is sure: the American people will not allow this to stand.

These usurpers of our Constitution and our liberties will be leaving Washington D.C. in less than a year as the American people toss them out on their Red rear ends.

We will then get busy about the work of returning the United States to Constitutional government and the greatness we once knew.