Saturday, April 25, 2009

Congressman Shadegg Reintroduces Enumerated Powers Act

Congressman John Shadegg (R-AZ) is again attempting to reintroduce the "Enumerated Powers Act" (HR-450) in order to attempt to self-regulate the U.S. Congress and constrain it to its Constitutional powers and duties as enumerated in the United States Constitution.

This "Act" has and was drafted and introduced by Mr. Shadegg during several previous Congressional sessions.

The Act provides that prior to any legislation being referred to Committee or vote of Congress, a specific reference to the Constitutional authority which grants such power to the federal government must be included within the Bill.

In short, it has been voted down by the members of Congress on each and every instance in the past to formalize this Constitutional into statute. Which speaks volumes in and of itself.

However, at the present time, there is already such an informal agreement and House Rule which provides such requirements. So what has Congress done?

They continue making end runs around this Rule and instead "liberally" again translate the Constitution by using two introductory words as the stated basis for such legislation - the phantom "general welfare" clause.

Which is really no clause at all and simply a preface stated in the Preamble to our Constitution in order to state the "intent" of the contractual nature of the Constitution and it's purpose, and also which is used again as an introductory preface to the outlined duties and functions of Congress as contained with Article I, Section 8.

In fact, James Madison, the acknowledged "Father of the Constitution" had this to say about the purported "general welfare" clause:

"Let there be no change [in the Constitution] by usurpation. For though this, in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed."

"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands;

they may appoint teachers in every State, county and parish and pay them out of their public treasury;

they may take into their own hands the education of children, establishing in like manner schools throughout the Union;

they may assume the provision of the poor;

they may undertake the regulation of all roads other than post-roads;

in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for,
it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."




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