Saturday, November 10, 2007

Contempt For Our Constitution By Our Congress



"There is one reward that nothing can deprive me of, and that is the consciousness of having done my duty with the strictest rectitude and most scrupulous exactness" (GW to Lund Washington, Morristown May 19, 1780).
Representative John Shadegg, Republican from Arizona, has for 12 years at each new Congress, introduced the "Enumerated Powers Act" which would require Congress to specify the basis of authority in the U.S. Constitution for the enactment of laws and other congressional actions (read Walter Williams column-CapMag)
Enumerated Powers Act Would Require Congress to Cite Constitutional Authority
Washington, May 19 -

The Enumerated Powers Act, requires that all bills introduced in the U.S. Congress include a statement setting forth the specific constitutional authority under which the law is being enacted. This measure will force a continual re-examination of the role of the national government, and will fundamentally alter the ever-expanding reach of the federal government. For too long, the federal government has operated without constitutional restraint. In doing so, it has created ineffective and costly programs, massive deficits year after year, and a national debt totaling nearly $7 trillion. The Enumerated Powers Act will help slow the flood of unconstitutional legislation and force Congress to reexamine the proper role of the federal government.
For these reasons, every Congress since the 104th Congress I have introduced the Enumerated Powers Act (H.R. 2270 - 104th, H.R. 292 - 105th, H.R. 1018 – 106th, H.R. 175 — 107th, H.R. 384 — 108th).
At the beginning of the 105th Congress, the House of Representatives took an important first step by incorporating the substantive requirement of the Enumerated Powers Act into the House rules. Today, the House must cite the constitutional authority for each bill in report language accompanying the legislation. However, the full effect of the Enumerated Powers Act will not be realized until it is incorporated into actual law.
Our Founding Fathers believed that granting only specific legislative power to the national government would be a powerful mechanism for protecting our freedoms, while allowing us to achieve the objectives best accomplished through a national government. Congress should honor and abide by the principles embodied in the Constitution – no more, no less. Respecting the Tenth Amendment, which reserves all powers not granted to the national government to the states, or the people, will ensure that the Constitution continues to truly guide our nation.
This is what the Act says:
"Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of the that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief."
It seems to me that if our Congressmen were honest about wanting to obey our Constitution and not wanting to spend our money frivolously then they would want to enact this law as proof that they understand our Constitution and what it forbids.

1 comment:

SN said...

This type of procedure ought to be even more than an Act, it ought to be a part of the Constitution itself.

For instance, which part of the constitution says the government may use tax-dollars to fund a group that hosts the "World Toilet Summit".

With that said though, an equal blame lies with the voters.