Constitutional-Literacy-4

=**Section 4: The Powers of Congress**=

Thomas Edison developed the incandescent light bulb. It gives off light. Better yet, it was always made in America. This made it very good for the U.S. economy. It was a product that not only people wanted, but people need. The light bulb sold in abundance and guaranteed jobs to those who worked in the industry. However, the incandescent light bulb is being replaced by the "green" light bulb, which is suppose to be more environmentally friendly. This light bulb is being manufactured more overseas mostly by General Electric, which now has factories in China. Who said this had to happen? Congress mandated more environmentally friendly light bulbs. These new "green" light bulbs also contain mercury, which is a dangerous substance and so there are federal and state regulations on how to dispose of one safely, again another increase in government power. Why would Congress pass this? The Congress has begun to see itself as the savior of mankind wanting to solve all of the nation's problems and issues. Who gave Congress this type of power? Who gave Congress the power to pass laws mandating that we all purchase health care? In truth, there is no constitutional authority for this. Then how can it happen? Unfortunately, many of our own politicians are either not constitutionally literate or they are Progressive and so don't care about the Constitution's original intent.

Based on the original intentions of our Founding Fathers, Congress has no power unless the Constitution says so. The Founders didn't give the powers to the Congress as described above. Article I of the Constitution lists the powers and structure of the Congress. Below are three sections of Article I when discusses Congressional powers:

Section 7 - Gives Congress the Lawmaking Power
1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or with Amendments as on other Bills. 2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their prevent its Return, in which Case it shall not be a Law. 3: Every Order, Resolution, or Vote to which the of the Senate and House of Representatives may be necessary (except on a question of ) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be by of the Senate and House of Representatives, according to the Rules and Limitations in the Case of a Bill.

Section 8 - Specifically Lists the Powers of Congress
1: The Congress shall have Power To lay and collect Taxes,, and , to pay the Debts and provide for the common and general of the United States; but all , and shall be uniform throughout the United States; 2: To borrow Money on the credit of the United States; 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 7: To establish Post Offices and post Roads; 8: 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; 9: To constitute Tribunals inferior to the supreme Court; 10: To define and punish Piracies and Felonies committed on the high Seas, and against the Law of Nations; 11: To declare War, grant and, and make Rules concerning Captures on Land and Water; 12: To raise and support Armies, but no of Money to that Use shall be for a longer Term than Years; 13: To provide and maintain a Navy; 14: To make Rules for the Government and Regulation of the land and naval Forces; 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 16: 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 by Congress; 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding Miles square) as may, by 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,, Arsenals, dock-Yards, and other needful Buildings;--And 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9 - Lists What Congress CANNOT Do
1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the, but a Tax or may be imposed on such Importation, not exceeding ten dollars for each Person. 2: The Privilege of the of shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. 3: No Bill of Attainder or Ex Post Facto Law shall be passed. 4: No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or herein before directed to be taken. 5: No Tax or duty shall be laid on Articles exported from any State. 6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall bound to, or from, one State, be obliged to enter, clear, or pay in another. 7: No Money shall be drawn from the Treasury, but in Consequence of s made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. 8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present,, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10 - Lists What the States Cannot Do
1: No State shall enter into any Treaty, Alliance, or Confederation; grant and ; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any, Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. 2: No State shall, without the Consent of the Congress, lay any or on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all and, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and of the Congress. 3: No State shall, without the Consent of Congress, lay any, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such Danger as will not admit of delay.


 * Comprehension Question: Where do we find the main list of powers that the Congress has from the Constitution?**

Notice that the Constitution is specific to say what the Congress can and can't do. The intentions of the Founding Fathers was to maintain state governments and state power, and put in a structure that fixed the problems from the Articles of Confederation. It was their intentions that if a power wasn't granted to the Congress then it was a state power. Therefore, they made sure to list what the states couldn't do. Therefore, any power at all that is not expressed in this Constitution to be a power of the federal government and as long as that power isn't denied to the states, then such power is a state power. To make sure that this point was solid, the 10th amendment was added to the Constitution in the Bill of Rights.

Amendment X
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.

Fore example, the Constitution does not mention education - the schools. The Constitution doesn't give the federal government power over education and it doesn't deny the states this power. Therefore, it is to be a state power. This rule (powers not given to the federal government specifically or denied to the states are state powers, not assumed to be federal powers) was reinforced in the 10th amendment. Then why does the federal government have such control over the schools? Past politicians have felt it was necessary, convinced the American public it was necessary, and no one challenged it in court. The states were getting federal dollars for education so the states weren't going to challenge this increase in federal power. Today it's normal. The proper response to a person who says the federal government should have control here would be to tell such a person "Well, then, it should be easy to amend to the Constitution to give the federal government that power." We either abide by the Constitution, or we don't. Since the Force Shift in 1913, there has been more growth of the federal government at the expense of the states.
 * Comprehension Question: What rule is reinforced by the 10th amendment?**

A specific area that the Founding Fathers intended to be an area of state power was that of criminal activity. Congress was only given specific areas of criminal activity in which it has authority - counterfeiting for example. Federal crimes must be tied to a federal issue. The overwhelming majority of crimes were expected to be at the state level. This example shows that the states were to have the powers that weren't granted to Congress. So, what can't Congress do? Really, whatever the states can do, the Congress cannot and the states can do whatever the Constitution doesn't deny them or what the Constitution doesn't say that the federal level can do. The original intentions of the Constitution was that all powers were to be EITHER with the federal or the state levels - not both. Only one level was to deal with each subject matter. For example, the federal level was given military authority. Education isn't a power granted to the federal government and isn't denied to the states, so education is meant to be a state power. The only concurrent powers (powers shared by the federal and state levels) were to be those specifically granted by the Constitution. This was meant to be only the rarest of circumstances. However, today most areas are under federal and state powers. This shows that there is just too much government. Take education for example. A major problem for education is that the federal government has rules and regulations, so does each individual state, and so does each local school board. There are three levels of government trying to control education. If we go by the Constitution, the federal government has no authority to deal with education. It's to be a state power. Highways are also concurrent was well as environmental regulations. If our nation really wanted to solve its financial problems at the federal, state, and local levels, they would go back to the original intentions of the Constitution and abide by the intentions that only one level was to deal with each subject matter. This idea of advancing exclusive jurisdiction was what the Founding Fathers originally intended.
 * Comprehension Question: Which level of government has the general jurisdiction to define and punish crimes?**

Today, it's become normal for the various levels of government to be involved in the same subject areas. Congress regulates a minimum wage based on their power to regulate commerce. The next section will talk more specifically about how this Commerce Clause has been used to expland Congress's power. States also pass minimum wage laws too. Both are competing for control of minimum wage. Who has the power? The Founding Fathers set up the Constitution that all powers would be one or the other. Based on the Constitution, the minimum wage should be a state issue. The Supreme Court has allowed more concurrent powers. A major expansion in the role and powers of Congress took place during the Great Depression with FDR's New Deal. Today, it's "normal" for each level to involve itself in the same subject area, but looking at the original intentions of the Constitution, we see that only one level was to deal with each subject matter.
 * Comprehension Question: Based on original intentions, if the states have jurisdiction to pass laws or spend funds in a particular area of policy, what does that tell us about the power of the federal government in that same area?**

Joseph Story, one of the early Supreme Court justices who knew the original intentions of the Founding Fathers, said "//The first resolution adopted by the convention on this subject of the powers of the general government, was that the national legislature ought to be empowered to enjoy the legislative rights vested in congress by the confederation, and moreover to legislate in all cases, to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation//."
 * Discussion Question: Why do you think it's important to understand the meaning of Joseph Story's statement?**
 * Discussion Question: Name some of the federal programs today that would have to be eliminated if we followed the rule of exclusive jurisdiction as pointed out by Story - the rule that the federal government can only act where the states are incompetent.**

**Overall: Summarize the main idea of this section and why it's important.**

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