POC Separation of Church and State Newsletter #6
It is critical for citizens to have a clear understanding of the limited nature of federal government authority. This is an important newsletter!
Without this understanding it is impossible to hold your elected officials accountable.
All three branches: legislative, executive, and judicial, are all equally bound by the limited enumerated powers conferred by "We the People" through our US Constitution.
Remember what Madison, the father of our Constitution said:
Federalist #14, Federal Government:Defined, Limited Jurisdiction
"... [The federal government's] defined jurisdiction is limited to specific objectives [limited enumerated powers] of the whole republic. The subordinate [State and local] governments will retain their authority to care for all other concerns."
The Federalist Papers in Modern Language, pg. 12
Many of our elected officials believe that the General Welfare Clause gives the federal government broad powers.
Nothing could be further from the truth.
(See Article I, Section 8, of the US Constitution. Link is to the right)
Federalist #83, Hamilton, [General Welfare]
"The Constitution declares that the power of Congress ... shall extend to certain enumerated cases. This list of [enumerated powers] ... clearly excludes a general legislative authority [General Welfare], because an affirmative grant of special powers would be absurd and useless, if a general authority was intended."
The Federalist Papers in Modern Language, Mary E. Webster, pg. 337
Federalist #41, Constitutionally Vested Federal Powers, by Madison
" ... [The anti-federalists] ... contend that the power "to ... provide for the ... general welfare of the United States," amount to an unlimited license to exercise any and every power that may be alleged to be necessary for the ... general welfare. ...
"But how will the objection be slanted when the issues [enumerated powers] alluded to in general terms [general welfare] are specifically mentioned immediately following the clause, not even separated by a longer pause than a semicolon? ... (See Article I, Section 8)
"Why would specific powers be enumerated, if they were meant to be included in the general power? Nothing is more natural than to first use a general phrase [general welfare] and then to explain and qualify it by a recital of particulars [enumerated powers]."
The Federalist Papers in Modern Language, Mary E. Webster, pg. 169
Our founders at the Constitutional Convention formed the federal government to do only those things that could not be accomplished through their state governments.
It is taught in many of our liberal colleges and universities today that our US Constitution is a "Living-breathing document that changes with the American experience."
That is patently false.
Our Constitution should only be changed through amendment where 3/4 of all the states have to agree. See Article V of the US Constitution. That is the only way for the people to retain control through their state legislatures.
Changing the Constitution in any other way falls out side of Constitutional authority and is a usurpation of unauthorized Constitutional power.
The next series of newsletters will concentrate on the federal courts. A strong case will be made that this branch that has usurped unauthorized power and violated its public trust.