A Brief Study Continues- Article 1-Section 8

It is here in Article One, Section 8 that we begin to understand the limitations and specific areas of responsibility that Congress will have in this new Union.

"Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

As a matter of necessity and following the debacle that was the Articles of Confederation it was understood by most men in attendance that in order to run a government is must have the ability to acquire revenue. In the infinite wisdom of the Founders was this little gem, "but all Duties, Imposts and Excises shall be uniform throughout the United States:." It was in this statement alone that it was clearly indicated that no State would have either favorable of unfavorable status among the states.

Now also in this statement we see for the first and only time the following, "to pay the Debts and provide for the common Defence and general Welfare of the United States;." Clearly in this statement we see a difference in wording when referring to the "general Welfare", however this is not to suggest that "providing" Welfare was the intend. Promoting the General Welfare as we saw in the Preamble was the intent as it was relayed in the opening statement. A good Liberal would cling to this section if they were worth their salt, but they never seem to do so, mostly because few have read beyond the Preamble. Still it is bothersome that Provide precedes general welfare, however with the lack of import placed on the word "general" and "common" both words should be taken in their purest form. For instance, "common" suggests, "pertaining or belonging equally to an entire community, nation, or culture;", while "general" would suggest, " of, pertaining to, or true of such persons or things in the main, with possible exceptions; common to most; prevalent; usual:." Notice, "common to most", it indicates that general does not include all aspects of a persons life, just those things in common to most, in this case I would suggest that includes Life, Liberty and the Pursuit of Happiness, not a general common check made out to you by Uncle Sam at the expense of your countrymen.

"To borrow Money on the credit of the United States;"

Someone had to be able to borrow in cases of emergency, war or economic need. Unfortunately this power has been badly abused and all the Congress really does any more in this regard is raise the debt ceiling as they did a few weeks back to over 13 trillion dollars. This also, in my opinion, clearly indicates that the Federal Reserve, a private banking organization, has no business issuing our money or running our banking system. This is Congress' job, clearly.

"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"

Here it is, the Hail Mary of all Congressional oversight. It is from this clause that Congress meddles into just about every aspect of our lives. If a gun is sold over state lines, BAM!, you have to register it (although today several states are passing legislation right down the center of this clause claiming that if a fire arm is manufactured and sold with the same state it would not therefore, fall under this section of Article 1. A brilliant move.), Insurance companies can't sell interstate policies because of legislation based on this clause and it was this clause that Congress cited when passing Prohibition. Likewise it is this clause that I cite when suggesting Congress back out of the law stopping interstate insurance sales just as they did the 18th Amendment.

"To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"

Immigration legislation, you will notice, is not mentioned here, only "Rules of Naturalization. Chew on that for few minutes. Immigration, if we are to believe the Constitution, specifically the Bill of Rights, would be considered a State right as, "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."- 10th Amendment found in the Bill of Rights.

As for Bankruptcy we can all be glad that the laws are uniformed, I guess, as many of us are now becoming acquainted with them...

"To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;"

These of course are the powers granted to Congress, not the Federal Reserve. The monster of Jekyl Island continues to cause us as much grief today as it did at its inception. Google Jekyl Island and Federal Reserve and enjoy a fantasy story that became a horror story.

"To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;"

It does not say "Ordain counterfeiting" yet many believe that is exactly what happened with the Federal Reserve Act of 1913. By the way, this little ditty also gave us the Income Tax...

"To establish Post Offices and post Roads;"

Ah yes, the only non-military entity Congress was mandated to create. And has it not turned out wonderfully. We needed a way to transport mail around the nation and it was a sound idea, before the unions, politicians and other Irish Welfare recipients got involved. (Irish Welfare is a dated term meaning government employee)

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

Here we again run into the word "Promote" and even better, a definition of what they meant by promote, "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries:" Now if we again look back to "Promote the General Welfare" as found in the Preamble, it appears to be on the same cord with "Promote" as used in this sections. By allowing Authors and other Artists the exclusive rights for a limited time to their works they were allowed exclusive profit from it's use. It also allows inventors the same ability to profit from their discoveries. This means actually promoting personal ownership of what one creates. If applied to Welfare, would it not indicate that, those who promote a general welfare are really there to ensure that you have exclusivity to what you own, create, use etc.?

"To constitute Tribunals inferior to the supreme Court;"

This they actually did with great success. It is the manner in which they are now populated that we may have an issue with...

"To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;"

In order to have "teeth" Congress had to have a ability to back up the law with consequences of breaking them.

"To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"

This ensured that the people were represented in all matters before, during and following any war. The President can execute the war effort but the people to whom he reports must be actively involved in the spoils of that war.

"To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;"

Again, this is in direct relation to the fall of the Articles of Confederation. In that document too Congress was instructed to provide for war, but were given no way with which to do so. The two year limit from what I have read was really a safeguard against a rouge Presidency dragging out for his own reasons a war of aggression.

"To provide and maintain a Navy;"

Six words, pretty straight forward, but again so too was the Articles of Confederation on the subject just minus the ability to actual do so.

"To make Rules for the Government and Regulation of the land and naval Forces;"

Don't get hung up on the wording directly, this applies to all manner of military from Army to Air Force. Keep in mind Orville and Wilbur had not yet made flight a prospect of war.

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

This one needs some time spent on it. "Militia", what exactly does that mean? Liberals like to accuse those in favor of 2nd Amendment rights extending to personal ownership of guns, of misunderstanding what a, "well regulated Militia" is. In the 2nd Amendment it spells out clearly that, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" You do not see the words "as part of" referring to the ownership of the individual corresponding to the Militia as being necessary.

The idea that a State Militia would consist of any particular quarter of society is not defined within the Constitution and for good reason. Refer back to the 10th Amendment, "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." Clearly any State regulation was to be at the State's fancy. However, Congress was given the right to call upon these people of whatever State definition to fight in case of invasion or Insurrection. It has been tested many times but with no clear cut answers... Perhaps "Insurrection" has yet to be quantified.

"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

This spells out so clearly the point at which Congressional oversight of the Militia is to be forthcoming. "as may be employed in the Service of the United States" tells me that not until such time as they are called upon to serve in the name of the United States is the Federal Government permitted to place any rules or regulations upon them, yet even if after this situation has arose, the States retain the right to name the Officers and retain the training as it is needed or prescribed by Congress. Who is clearly suborn to whom?

"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And"

The Capital City, as is necessary, is under the direct control of Congress. This created Washington D.C. for all intents and purposes. And with that creation came the sole responsibility of running the Capitol. I ask you, if Washington D.C. is under direct Congressional control would it not be fair to say that every piece of legislation regarding it's management not be a window into the ability of Congress to lead and manage?

"To make all Laws which shall be necessary and proper 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."

This is the clause used to justify the Federal Reserve and all other departments within the Federal Government. Congress can create at will any department it wants or believes necessary, but all others outside of the Federal Reserve have one thing in common, they are under the direct and common oversight of Congress. The Federal Reserve is not. It is for this reason and this reason alone that the argument can be made that the Federal Reserve is in direct violation of Constitutional Law.

This is also where the FBI, CIA, Post Office, ATF and a host of others are granted their power to enforce the laws of the land. It needs to be done this way as all are acting on behalf of the very people who created the document on which the system was build.However, it does not need to be so wide of scope as it is today...

To be continued...