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Constitution of
the United States of America |
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There are those who falsely call
this the "elastic" clause. One has but to read
the so-called "elastic" clause to see there is no
elasticity
for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. The judiciary has cabbaged on to powers that have no legal grounds. The insanity by the federal judge in Alabama against Chief Justice Roy Moore is a recent example of misreading of the First Amendment and making claims and judgements where the federal judge has no jurisdiction. Here're a few items I uncovered on the net from doing a google for "elastic clause." http://memory.loc.gov/const/abt_const.html Unfortunately this is from Thomas, the website of the Library of Congress.
Article X states that the national (federal) government has only those powers that are delegated to it explicitly -- enumerated -- in the Constitution. All other government powers fall by default to the states -- residual powers -- with the limitation that nothing prescribed by state law can nullify any of the powers granted in the Constitution. Despite the fact that residual powers remained with the states, the "elastic clause" of the Constitution (Article I, section 8) states that Congress shall have the authority to "make all Laws which shall be necessary and proper for carrying into Execution" the powers given to the federal government by the Constitution. http://www.pinkmonkey.com/studyguides/subjects/am_his/chap4/a0404201.asp Which claims to be "... a completely "G" rated study resource for junior high, high school, college students, teachers and home schooling parents "The other interpretation could be that the functions of the federal government should be limited to passing laws that are related to the ’enumerated’ power (See Appendix last clause in sections of Article I. Also see the paragraph on Limited Federal Government to understand ’enumerated’ powers.) http://bensguide.gpo.gov/9-12/glossary.html Aha! A gummint source that gets it right, eh? a statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers [emphasis added] (Article I, Section 8 ). http://web.polisci.ufl.edu/UF_Review/Articles/debate3.htm Did Tavish take PoliSci at UF?
http://edusolution.com/myclassroom/classnotes/constitution/congress4.htm Another neo-Marxist teacher that cannot read.
That's enough of that stuff. Now I'll take a look at what the Founders thought was necessary to include . . . http://www.users.voicenet.com/~wbacon/Enumerated.html This is the JBS take
*Levy Taxes These are the powers of Congress; there are no non-enumerated powers. Leaving nothing to inference, the Constitution even specifies that Congress may pass the laws "necessary and proper" for executing its specified powers. Congressmen have simply to study and apply the Constitution in order to restore sound government. That most fail to do so is not the fault of the Founders, but the people who elect the congressmen and send them to Washington. Informed constituents should always evaluate how their U.S. representatives and senators vote in light of the constitutionally authorized powers of Congress. They should use this knowledge not only to apply informed pressure on their congressmen but to inform and activate their fellow citizens. http://www.theorator.com/bills108/hr384.html Ron Paul, et al. have filed the "Enumerated Powers" bill every year. It never makes it out of committee? http://www.fff.org/freedom/0100a.asp Here's Bumper Hornberger's rant on the issue... http://volokh.com/2002_10_06_volokh_archive.html#85551817 is UCLA Law Professor Eugene Volokh's analysis of the SCOTUS members and how they may vote on the Eldred v. Ashcroft case because of their predispositions on enumerated powers of the congress. Some fascinating comments here. http://volokh.com/2003_04_20_volokh_archive.html#200187649 is another exposition on enumerated powers and rights. Worth a read. Volokh has a Pico search bug on his blog. You may want to do a search for "enumerated powers" and find a plethora of goodies. |