Colorado Uniform Enumerated Powers Act

I hear a lot of people in the tea Party movement talk about how the Federal Government has ignored the Constitution, and we need to get back to that Constitution as the Supreme Governing Document of our nation.  We at the Tenth Amendment Center have developed some model legislation, here is one example.

To require the federal government to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

SECTION 1. LEGISLATIVE FINDINGS

The legislature of the State of Colorado finds that,

1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;

2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;

3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;

4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;

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Enumerated Powers Act

A local political activist related an interesting exchange that allegedly occurred at a recent political event.

During a discussion with a congressional candidate, an interested citizen asked about the constitutionality of the Patriot Act. The candidate’s response was something to the effect of, “Show me where it’s NOT constitutional.”

The response illustrates yet another example of bass-ackwards thinking in America.

Those who respect the Constitution and hold to the founder’s ideas of limited federal power have somehow allowed themselves to fall back into a defensive position. Statists take the offensive, challenging liberty lovers to prove that they can’t do something, instead of justifying the constitutional authority that allows them to pass certain acts.

I blame the courts. We’ve come to accept a system where the legislative branch does as it pleases and then hopes a sympathetic court will allow the law to stand. This has politicized the judicial system and created a mentality that allows for statements like the congressional candidate’s cited above.

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Many and Vague

Here’s a letter to USA Today by Don Boudreaux: Sandra Day O’Connor and George Nethercutt are correct that too many Americans lack sufficient understanding and appreciation of U.S. history and of the meaning of this nation’s founding documents (“Celebrate America by learning about her,” July 3).  In no group of Americans does this ignorance run more…

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Fail Safe

Many of today’s debates between statists and libertarians are argued on the grounds of efficiency. The libertarians say that when you let the government do something, you invariably get the DMV or the post office. Statists argue that a centralized public service provides better results because it can gain efficiencies of scale and because the…

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DC is Busy

But not on anything you would expect from a government adhering to the Constitution. Healthcare, financial markets, petroleum exploration and extraction, economic activity, immigration, national ID cards, cap and trade, smoking, transfats & salt, CAFE; gun control, taxes, price controls on labor, electricity, and banking. The list goes on. No matter how well intentioned, there…

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