Thursday, January 6, 2011

Constitutional Underpinnings

Good for Goose, good for gander.

Hoist with his owne petar

Be careful what you wish for






I'm kind of excited that the House of Representatives will now require each bill introduced to cite the provision of the Constitution authorizing its enactment by Congress.  At first, I thought it was some more window-dressing bullshit by the incoming Conservs.

Well, it is.

But it's smart, eminently defensible, and ultimately will bite some of its originators in the ass!

The Defense of Marriage Act.  Hmmmm; which of the following powers authorizes that sucker?

Section 8 - Powers of Congress
The Congress shall have Power
To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

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 prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession 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, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


I still think that this will be a little harder for "the Left" to deal with; they've got many more years of enacting all kinds of "good" things [and indeed many were good -- just not authorized by the Constitution] without regard for Constitutional underpinnings, dismantling Federalism along the way.

But the next time that somebody from Alabama introduces a bill to establish a National Faith-Based Abortion-Defying Pamphleteering Pro-Abstinence Bureau, or to make it illegal to restore the Pledge of Allegiance to his time-honoured Godless form, they'll have to answer to you, me, and James Fucking Madison.



Oh yeah -- I really expect that to happen. . . . .

6 comments:

¡barangus!™ said...

I wondered if they would read out the 3/5's compromise and the tax on "imported persons" among other slavery clauses later repealed. They did not. Too bad. Would have been a good reminder of what douche nozzles some of the founding daddies were.

Didn't read the 18th either.

Mister Parker said...

The Third Amendment:

"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."

That's my answer for everything.

Who Am Us Anyway? said...

what goes around comes around

sow the wind, reap the whirlwind

But, as i think it was McConnell who pointed out in your very own hometown paper, it is The Magazine Clause, which give to Congress "the Erection of Forts, Magazines, Arsenals, dock-Yards" -- which is a tinderbox of an erection indeed! Because if it covers magazines it surely covers blogs, and surely the power to regulate blogs has enough emanations to form a penumbra big enough to occupy the field of marriage ... if marriage is a field -- and it may well be!

mister muleboy said...

Because if it covers magazines it surely covers blogs, and surely the power to regulate blogs has enough emanations to form a penumbra big enough to occupy the field of marriage ... if marriage is a field -- and it may well be!

Who, it is a pity that we have become acquainted later in life.

As young idiots, you, MythMon, Bellotoot and I could have climbed many mountains.


Leaving piles of idiocy and nonsense on the show-dlers of the highway, as it were.

You grasp my politics perfectly, sir!



PS How fitting. My Word Verification?

mulora

Mister Parker said...

As young idiots, you, MythMon, Bellotoot and I could have climbed many mountains.

That's Mister Idiot to you, pal ...

mister muleboy said...


That's
Mister Idiot to you, pal ...



Mister Idiot to you,

Mister Idiot to-o you



[sung to the tune of "Happy Birthday"]