December 23, 2013
How the States Sold the Reserved Powers to the Feds
Our Constitution is a glorious document. This one page chart depicts the Structure of the federal government we created when we ratified our Constitution; and lists the "limited & enumerated powers" we delegated to the federal government over the Country at Large.
In a nutshell, our Constitution authorizes the federal government to handle the following objects for the Country at Large:
• Military defense, international commerce & relations;
• Control immigration & naturalization of new citizens;
• Domestically, to create a uniform commercial system: weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
• With some of the amendments, secure certain civil rights.
Basically, that’s it. As stated in the 10th Amendment, all others powers are reserved by the States or The People.
for 100 years, almost everyone in our Country has ignored our
Constitution.Thus, instead of restricting spending to the enumerated objects
of its powers, the people we send to Congress spend money on what anybody
wants- and so gave us a debt of $17 trillion. Instead of restricting lawmaking
to the enumerated objects of its powers, the people we send to Congress
make laws on whatever they like. The President we elected tramples all
over the Constitution; and due to the connivance, cowardice, and ignorance
of Congress, the supreme Court, State governments, and the American People,
is seizing totalitarian power.
WE are in terrible trouble.
And it is the phony right wing which is seducing the American People into taking the final jump off the cliff.
“We all know that our government is way off track. The debt is astronomical and is going to cripple not only our own freedom and our own economy, but our children and our grandchildren are going to be effectively slaves, paying for all the things that we’re spending money on today."
That part of his video is true.
But the purpose of their spiels is to make you believe they are on your side. You must look behind the spiels and think carefully about what they are proposing as "solutions". Much is at stake:
THIS IS THE WAR over our Constitution and Country. And here are the two sides:
Learn & Enforce our Existing Constitution!
One side proposes that we learn & enforce our existing Constitution of limited & enumerated powers.We show that our Framers advised us to enforce our Constitution by (1) electing better representatives to annul the acts of the usurpers, or by (2) nullification of unconstitutional acts.
To illustrate: What would our Country's financial conditionbe if WE THE PEOPLE had enforced the enumerated powers on Congress?
It is the enumerated powers which list the objects on which Congress may appropriate funds:
• immigration office (Art. I, §8, cl.4)
• mint (Art. I, §8, cl. 5)
• Attorney General (Art. I, §8, cl. 6)
• post offices & post roads (Art. I, §8, cl. 7)
• patent& copyright office (Art. I, §8, cl. 8)
• federal courts (Art. I, §8, cl. 9)
• military (Art. I, §8, cls. 11-16)
• the civil list (Art. I, §6, cl.1)
• [and other objects listed in various other articles, sections, &clauses]
Do you get the idea? The Constitution itemizes what Congress is permitted to spend money on. See also the two geographical areas over which Congress was delegated "general legislative powers": Art. I, §8, next to last clause, & Art.IV, §3, cl. 2).
The reason we have a debt of $17 trillion is because everyone ignored the Constitution; so Congress spent money on objects outside the scope of its enumerated powers.
Amend Away our Existing Constitution?
But the Randy Barnett/ Rob Natelson/ Michael Farris/ Mark Levincamp want a "convention" so they can gut our existing Constitution by amending out the limited & enumerated powers with new amendments which grant general powers to the federal government; or they seek to re-write the Constitution altogether.
Here are illustrations of how the limited & enumerated powers can be amended out of our Constitution:
It has already been shown how the so-called balanced budget amendment would transform our Constitution from one of enumerated spending powers to one of general spending powers, where spending would be limited only by the amount of revenue the federal government generates or a certain percentage of the GDP. But under our existing Constitution, the federal government’s expenditures are limited by the constitutional grants of authority – the enumerated powers. The problem is everyone ignores the enumerated powers - they never learned what they are!
Here is another illustration: Michael Farris, the grand master of The Spiel, has managed to convince many parents that the only way to protect their parental rights is an amendment to the Constitution which delegates to the federal and State governments constitutional power over their children!
And Mark Levin’s suggested amendments would gut our Constitution. Most increase the powers of the federal government by making constitutional what is now unconstitutional because it is not an enumerated power. The amendments pertaining to “overrides” undermine the Constitution as the objective standard of what is lawful and what is not – and substitute majority vote therefore. These "overrides" would erase the Constitution and replace it with majority (mob) rule.
Or is "re-writing the Constitution" their actual goal?
Farris says in the video:
"…sometimes what you need is not a change of personnel, you need a change of structure. The Founders understood the importance of structure…"
Does that give you cold chills?
How does Farris seek to change the structure?
Please – all of you – look at this one page chart which depicts The Structure of the federal government our Framers gave us: What needs changing? Isn't enforcement what we need?
Jordan Sillars, Communications Director for Farris' Convention of States Project, let the cat out of the bag:
On September 15, 2013, a discussion on my Face Book page was started about Mark Levin's clamoring for a "convention of states."
On or before September 19, Jordon Sillars posted a comment wherein he said:
“… 3. I think the majority of Americans are too lazy to elect honest politicians. But I think some men and women could be found who are morally and intellectually capable of re-writing the Constitution…” [boldface mine].
On September 19 at 1:20 p.m., I responded:
"So, this really is about “re-writing the Constitution”, isn’t it?
And could you name these individuals who are “morally and intellectually capable of re-writing the Constitution”?"
Sillars thereafter deleted his comments, but not before I obtained a screen shot of his quoted comment which you can see here.
Why did he delete his comments?
Now let's look more at what Farris says in his video:
The False Statements & Silly Arguments of the Proponents of a "convention of States"
1. After his introduction about the $17 trillion debt, Farris goes on to say:
"The States have the power under Article V to call a convention of the States for the purpose of proposing amendments to the Constitution..."
His statement is false.
The Truth is the States have no authority to call the convention. That power is delegated to Congress. Article V says:
"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments…" [emphasis mine]
Congress calls it. Not the States.
Furthermore, Dr. Edwin Vieira has pointed out:
‘The language “shall call a Convention for proposing Amendments” sets out a constitution duty in Congress. It embraces a constitutional power as well. That brings into play Article I, Section 8, Clause 18, which delegates to Congress the power “[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers [that is, in Article I, Section 8, Clauses 1 through 17], and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”. The power to “call a Convention for proposing Amendments” is one of those “all other Powers”. Therefore, pursuant to that power, Congress may enact whatever “Law[ ] which shall be necessary and proper for carrying into Execution the * * * Power [to call a Convention]’.
So! Since Article V vests in Congress the power to call the convention; and since Article I, §8, last clause, vests in Congress the power to make all laws necessary & proper to execute its delegated powers; Congress would be within its constitutional authority to organize the Convention anyway it wants, and to appoint whomsoever it wishes as delegates.
Now look at this: The chart on Article V shows that James Madison, Father of our Constitution, remarked on the vagueness of the term, “call a Convention for the purpose”:
“How was a Convention to be formed? – by what rule decide? – what the force of its acts?” (Sep. 10); and “difficulties might arise as to the form, the quorum, & c., which in constitutional regulations ought to be as much as possible avoided” (Sep. 15, 1787).
Phyllis Schlafly also raised Twenty Questions about a Constitutional Convention.
Congress, pursuant to Article V and Article I, §8, last clause, has the constitutional power to answer all these questions by means of a law.
Folks! The Farris/Natelson/ Levin camp is not telling you the truth when they say the States decide these issues!
2. Farris then says in his video:
"…in Article V of the Constitution [the Founding Fathers] gave us the solution..."
"…they gave the power to the States to create a new set of rules when the federal government overstepped its boundaries. We can re-calibrate the rules to take power away from Washington D.C. and give it back to the people and to the States."
His statements are both false and silly.
Here is the false part of what he said:
It was not the consensus at the Federal Convention of 1787 that the purpose of Article V was so States could make amendments to the Constitution in order to take power away from a federal government which had usurped power by violating the Constitution.
This chart shows what happened at the Federal Convention of 1787 re development of Article V.
Two delegates (Randolph & Mason, who didn't sign the Constitution) supported the notion that amendments might be used if the national government should become oppressive. And they didn't want Congress to have any power over amendment procedures. Their view was the minority view.
Other delegates (Gov. Morris, Hamilton & Madison) thought Congress ought to be able to propose amendments. One delegate (Mr. Gerry) worried about States obtaining a convention and binding the Union to innovations which subverted State Constitutions. Hamilton spoke of amendments to correct defects which would probably appear in the Constitution.
So the final version of Article V provides two methods of proposing amendments to the Constitution. Congress either:
• Proposes the amendments; or
• “Calls” a convention when the Legislatures of 2/3 of the States apply for it. [Now see Art. I, §8, last clause.]
Now for the silly parts of what Farris said (and there are two silly parts):
3. Farris tells us the solution to a federal government which "overstep[s] its boundaries" [violates the Constitution] is to amend the Constitution.
He proposes "to take power away from Washington D.C."[power the federal government has usurped] by "re-calibrate[ing] the rules".
In other words, the solution to a federal government which violates the Constitution is to amend the Constitution.
Do you see how silly this is?
4. Farris and his camp also imply that the States are victims of federal tyranny, and are the virtuous & wise ones who can fix our Country if they can just get a convention to propose amendments.
But the States are the ones who sold you out to the federal government in the first place! I'll show you:
The 10th Amendment says:
"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."
What happened to these reserved powers?
The States sold them to the federal government.
Let's use education as an illustration of how the States sold to the federal government your reserved power to educate your own children in the way you see fit.
The Creator God who, as recognized by our Declaration of Independence, endowed us with unalienable rights; assigned to parents the responsibility to provide for the education &moral instruction of their children: Proverbs 1:8-9, 6:20-21, 13:1, 22:6 & 23:19-22; Genesis 18:19; Deuteronomy 4:9-10 & 6:1-7; Ephesians 6:1-4; 2 Timothy 1:5 & 3:15-17.
Is "education" one of the enumerated powers delegated to the federal government for the Country at large? No. So the federal government has no constitutional authority to get involved. Accordingly, all acts of Congress pertaining to education for the Country at Large, the federal Department of Education, and all their rules&programs are unconstitutional as outside the scope of powers delegated to the federal government.
So why does the federal government dictate all things respecting education?
Because your States sold your God-given responsibility to educate your own children-and your reserved power to do so-to the federal government. This has been going on for a long time; but most recently your State sold you out for federal grants with the federal government's "race to the top" and "common core" schemes.
You have to be ignorant, unthinking,& gullible – a greenhorn -to believe that The States are the men in the white hats who can fix all this with a convention to propose amendments.
The federal government is not the problem - it is the result of our own ignorance, pride and folly.
WE THE PEOPLE, who are "the natural guardians of the Constitution" (Federalist No. 16, next to last para) didn't trouble ourselves to learn the enumerated powers of Congress and the President. Do you know them?
I ask my Readers who have been supporting the "convention of States" scheme: Have you studied our Founding Principles set forth in The Declaration of Independence? Have you studied the text of the Constitution so that you know what it says?
If not, how are you qualified to know how to "fix" a Constitution you never learned?
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Are you willing to stake your lives & liberties, and those of your progeny, on whether those in the Barnett/Natelson/Farris/ Levin camp (1) know what they are talking about, and (2) are telling the truth?
Why? Because you like them? Because they provide a scapegoat which permits you to blame-shift? And you think you can "get even"?
Wise voices in this Country are warning you about the scam. Foremost among them is Phyllis Schlafly, who has been warning of this danger for decades. Yet, such is the ignorant conceit of the greenhorns that they sneer at those who are warning them.
I trust you now see the connection between the moral corruption of a People and tyranny.
Use your own head! Do not be manipulated by other peoples’ choice
of words. Rob Natelson formerly referred to what he wants as a “constitutional
convention”. Now, he calls it a “Convention of the States”
– that is the term his cohorts & minions now use. Why did they
change what they called it?
2. But our elections are no longer honest. The States took federal grant money to buy voting machines which can be rigged.
3. Randy Barnett's "Bill of Federalism" is ten proposed amendments which would transform our Constitution from one of enumerated powers to one of general & unlimited powers. Mark Levin's proposed amendments are similar to Barnett's.
4. The GDP is computed by an agency in the Executive Branch. So under the BBA, spending would be limited by numbers under the control of the federal government: By how much they tax you; or by a number (GDP) the Executive Branch computes.You think that is a fine idea?
5. The Federalist Papers tell us what the "necessary & proper" clause (Art. I, §8, last clause) means: The clause delegates to Congress power to pass all laws necessary & proper to execute its declared powers (Federalist No. 29, 4th para); a power to do something must be a power to pass all laws necessary & proper for the execution of that power (Federalist No. 33, 4th para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article” (Federalist No. 33, 2ndpara); and thus the clause is “perfectly harmless”, a tautology or redundancy. (Federalist No. 33, 4thpara). See also Federalist No. 44, 10th-17thparas. In other words, the clause permits the execution of powers already declared and granted. Do not be misled by Rob Natelson's post on the "necessary & proper" clause! Why did Natelson ignore what The Federalist Papers say about this clause? Why did he fabricate the song & dance set forth in his post?
6. Think this through also: Even if Congress, as a matter of grace, permitted the States to appoint delegates, how would delegates from your State be chosen? Who controls your State? Would the powers in your State choose you? Or do you believe Michael Farris would choose the leaders?
7. This happened in your State because The People in your State elected to State government people who sold you out. See this website on federal grants: You think your State Legislators, who have been gobbling up all the federal grant money they can get, will fix our Country at a "convention" to propose amendments?
© 2013 Publius Huldah - All Rights Reserved
Publius Huldah is a retired attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge). She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She also shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs.h