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;

Details

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.

Details

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…

Details

Question for Jason Chaffetz

The Salt Lake Tribune is reporting that Jason Chaffetz is working to “overturn action by the D.C. City Council that would allow medical marijuana usage in the nation’s capital.” Here’s what he had to say: “Marijuana is a psychotropic drug classified under Schedule I of the federal Controlled Substances Act as having ‘high potential for…

Details

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…

Details

Civil Commitments: Necessary and Proper?

Las Monday the Supreme Court in United States v. Comstock, held that Congress has the power under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to enact 18 U.S.C. § 4248. Section 4248 authorizes court-ordered civil commitment by the federal government of two categories of “sexually dangerous” persons: (1) “sexually…

Details

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…

Details

“General Welfare” Does Not Include National Healthcare

Some good insight from Dr. Harold Pease of CA-TAC: here are many less well-known facts to keep in mind as you review Section 8. Convention delegates curiously placed every power in one sentence with 18 paragraphs. This strange construction was to make it even more difficult for future power grabbers to isolate and enhance a…

Details

Immigration: Who Should Be In Charge?

In light of the Arizona immigration bill just signed into law, I’ve had some thoughts about this whole issue. And grant me this: I’m no lawyer, but I am a thinker…and I can read. Hang with me as I chew this over. Columnist Patrick J. Buchanan has a column in “Human Events” entitled Whose Country…

Details