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April 11, 2009
Act Forces Congress' Return to Limited Government
Legislator to colleagues: 'Your laws not authorized by Constitution'
As a reminder of the federal government's limited powers, 20 representatives want to ensure that every single piece of legislation passing through Congress includes a statement citing specific constitutional authority for enacting it.
Sponsored by Rep. John Shadegg, R-Ariz., H.R. 450, or the Enumerated Powers Act, states,
"Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. …"
When he introduced the proposal Jan. 9, Shadegg gave a House floor speech reminding his colleagues of limited authority granted in the 10th Amendment of the United States Constitution.
It states, "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 that means is that the Founding Fathers intended our national government to be a limited government, a government of limited powers that cannot expand its legislative authority into areas reserved to the states or to the people," Shadegg said. "As the final amendment in the 10 Bill of Rights, it is clear that the Constitution establishes a Federal Government of specifically enumerated and limited powers."
For that reason, Shadegg said he has introduced the Enumerated Powers Act each year that he's been in Congress.
"This measure would enforce a constant and ongoing re-examination of the role of our national government," he said. "… It is simply intended to require a scrutiny that we should look at what we enact and that, by doing so, we can slow the growth and reach of the Federal Government, and leave to the states or the people, those functions that were reserved to them by the Constitution."
Shadegg said the act would perform three important functions:
1. It would encourage members of Congress to consider whether their proposed legislation belongs in the federal level in the allocation of powers or whether it belongs with the states or the people.
2. It would force lawmakers to include statements explaining by what authority they are acting.
3. It would give the U.S. Supreme Court the ability to scrutinize constitutional justification for every piece of legislation. If the justification does not hold up, the courts and the people could hold Congress accountable and eliminate acts that reach beyond the scope of the Constitution.
He said the Founding Fathers granted specific, limited powers to the national government to protect the people's freedom.
"As a result, the Constitution gives the Federal Government only 18 specific enumerated powers, just 18 powers," Shadegg noted.
Beginning with President Franklin Roosevelt's New Deal, he said, Congress has ignored the 10th Amendment and greatly expanded federal government.
"Let me be clear," he said. "Virtually all the measures which go beyond the scope of the powers granted to the Federal Government by the 10th amendment are well-intentioned. But unfortunately, many of them are not authorized by the Constitution. The Federal Government has ignored the Constitution and expanded its authority into every aspect of human conduct, and quite sadly, it is not doing many of those things very well."
While many believe government "can do anything," that is not what the Founding Fathers intended for the nation, Shadegg contends.
Wild Thing's comment........
It’s a wonderful idea! President Reagon required this of his staff for any new regulation. It cut down on a lot of BS.
I sure hope it will pass, but reality says it won't. BUT the thing is as things keep getting worse and worse because of B.Hussein maybe some demcorats will see that this bill is very much needed.
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
Posted by Wild Thing at April 11, 2009 04:50 AM
Comments
This is a great idea! Government is to intrude as little as possible in our private lives. Even a small child can understand that. But do you really think the dums will EVER come to grips that the more they try to help us everyday Joes, the worse they make it for us everyday Joes?
Let's hope that some more fair minded dems will join this cause and get it passed. Then Nazi Peeloser and her Pelosians won't be able to do their damage. Remember, we vote next year in 2010--let's get ready to rumble and clean house!
Posted by: Lynn at April 11, 2009 06:22 AM
Very good, I am going to do an excerpt and link back for readers to view the full post.
I whole heartedly agree with you Lynn. We have to keep pounding on the so called leaders and those that blindly follow them.
Bob A.
Posted by: Bob A at April 11, 2009 08:03 AM
It sounds good. The 18 enumeraated powers granted to congress have been terribly usurped since the document was written. This all started in 1802 with Marbury v. Madison, when the Supreme Court Usurped its powers.
The Supreme Court was originally to have limited power, which changed drastically in 1802.
Whether it is a good idea to have the SCOTUS oversee every piece of legislation sounds a bit tedius and is not the original intent of the Supreme Court. They would have time for nothing else. I suppose, that, in itself would be good. For they by virtue of judicial fiat make laws all the time. A perfect example is Roe v. Wade, i.e., Abortion. Congress never apporved nor voted on Abortion and no President ever signed it into law. Which is the way it is suppose to work.
The pumitive damages/Taxes against AIG is certainly unconstitutional, bestowed by Barney Frank and signed, most likely by Hussein is certainly beyond the scope of their constitutional duties.
This sounds great but how are they going to achieve this miraculous act of getting back to the Constitution. Barack D'ohbama has already signed away our economic sovereignty what makes this congressman believe this will work. Congressman Shadegg's bill and that is what it is a bill. I don't believe it will even get out of committee. Let alone for a floor vote. Not with Nazi Pelosi in charge of the house.
It we are to get back to the Constitution there is going to have to be something other than a bill and it will have to be drastic, very drastic.
Posted by: Mark at April 11, 2009 11:43 AM
This proposed bill needs to be passed but won't. It is anti socialistic. The Congress is mostly a gang of socialists. They want no curtailment of their spending habits and interference into our daily lives.
Government will only give up power at the point of a gun, many guns.
Posted by: TomR at April 11, 2009 01:02 PM
Lynn, I agree, I sure hope so too. They
have to have something to bring these
people back to earth.
Posted by: Wild Thing at April 11, 2009 11:28 PM
Bob A.,thank you, good idea, I agree with you.
Posted by: Wild Thing at April 11, 2009 11:31 PM
Mark, thank you so much for the information.
I know you are right too about this not going
to happen. That the Constitution hating Obama
would never let it happen and like you said
it would have to take something truyly drastic
for these peoople to take our Constitution
for the importantance it is meant to be.
Posted by: Wild Thing at April 11, 2009 11:35 PM
Tom, I agree, and one day there will be some
that sided with Obama that just might regreat
their being for the one that took their rights
away on so many things. It will be too late
though.
Posted by: Wild Thing at April 11, 2009 11:38 PM
