Congress: Read The Constitution
By Henry Lamb
November 16, 2009
Speculation about Roland Burris' double-digit I.Q. followed him to the U.S. Senate, where he opened his mouth and removed all doubt. When a reporter asked him to identify the specific Constitutional language that authorized the federal government to mandate individual health insurance, he stumbled a bit, and then said it is that part that says "...health, welfare, and defense of the country." The word "health" is not in the Constitution.
Nancy Pelosi didn't even try to answer when she was asked the same question. Her reply was "Are you serious? Are you serious?" Senator Patrick Leahy's answer was not much better. He said "We have plenty of authority. Why would you say we have no authority?"
Anyone who has read the Constitution knows that Article1, Section 8 limits the power of Congress to very specific, enumerated powers.
Burris' staff assistant said Burris was referring to the Constitution's preamble, which says the Constitution was established to "...provide for the common defense, promote the general welfare, and secure the blessings of liberty...."
Fortunately, the founders were not content to assume that "the general welfare" would consist of whatever Roland Burris, or any other Congressman, may think is appropriate. That's precisely why the founders didn't stop at the Preamble. They were very deliberate in their selection of words which created the U.S. government.
Consider the context out of which the government arose: a brand new nation born on bloody battlefields which separated a national infant from a tyrannical giant. The infant nation consisting of 13 independent parts lacked unity, coordination, and strength. Some of the founders wanted the new government to be much like the government of England, strong and in control of the 13 colonies. Others feared such a government would soon become as tyrannical and unjust as the government of the King.
From these two opposing views, men of honor knelt in common prayer for guidance, and crafted a compromise that was truly inspired. To make the laws, there would be two Houses of Congress, one elected by the people every two years, the other elected by the state legislatures to serve staggered six year terms. To be absolutely sure that this Congress would not become as tyrannical as King George, the founders spelled out exactly what the Congress was empowered to do. These powers are set forth in Article 1, Section 8.
Moreover, to be sure that there could never be any misunderstanding about the limitations of congressional power, the Bill of Rights' 10th Amendment, includes this statement:
"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."
Prodded by presidents over the years, Congress has often ignored these limitations. Franklin Roosevelt pushed Congress to enact more legislation outside the limits of Constitutional authority than any president until Obama. The Supreme Court finally reined-in Roosevelt.
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