Monday March 10, 2014
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The reason for this string is consider ways to plug the loophole which Congress and the President, conspiring together at times to control matters beyond federal authority, have created to gain control over matters reserved to the States or to the People.
The method being used is the granting of federal funds, often during a time of deficit spending when the funds do not actually exist, and the placing of strings on those funds, strings which then control matters which are beyond the authority of the federal government.
The constitution, in the 9th and 10th Amendments, makes it very clear that all powers not delegated to the federal government are retained by the states and the people.
9th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
My suggestion for handling what is clearly a violation of the limits placed upon federal authority would be to use an amendment to the Constitution, one which plugs the loophole. It might be written this way:
28th Amendment: Grants made by Congress in areas where it has no clear cut constitutional authority shall be in the form of block grants made according to state population and without conditions other than the general purpose for which those funds are to be used.
This is beyond doubt the way the Constitution was intended to operate. The federal government was granted certain powers, and had full authority to exercise those powers. But it was never intended that the federal government would extend its powers by taxing the people, returning to them a portion of those taxes, placing strings on their use, and thereby gaining control of areas where it does not belong.
For example, while it is proper for the federal government to grant the states money to build roads, its is NOT proper for that grant to include rules for speed limits. Nor is it proper for the federal government to grant funds for health and education and to take back those funds if they are not spent illegally for the support of people who are here within our borders in violation of our laws.
Consider what the current regime in Washington is doing. In essence when the federal government forces us to help illegal aliens to stay here within the country, and penalizes us for even finding them and reporting them, it make us co-conspirators in a plot to break both state and federal law. It makes us part of a plot to buy votes by breaking our own written laws. We become as guilty as someone who hides a criminal in his house.
I doubt that anyone has much argument with that, but the question is: How do we fix it?
My suggestion is an amendment, driven through Congress after the flip of power in 2016, something which is surely coming. I would make that amendment, and another one regarding privacy,** major planks of the republican Party in the election campaign, thereby drawing a line in the sand between running the nation under the Constitution and making end runs around it.
Other methods could be used. We could, for example, take the federal government to court over what it is doing, showing that it is clearly a violation of the intent of the 10th Amendment. There is precedent for such litigation, litigation which clearly shows that the Supreme Court often cuts directly to the EFFECT of a law instead of simply looking at what it says.
One way or another, we have to get prepared NOW for the big fight in 2016. We can't wait. We have to find the issues and the answers, present them to the nation, sweep the progressives away, and get back to the rule of law.
And if you think it sounds like I am talking like a Republican, think again. I am talking like an American who believes in the most fundamental of all concepts on which this nation is founded: The rule of law.
That is what makes our nation different from all others. We began by first making a set of rules under which we would govern ourselves, rules that could only be changed by a long process which required a super-majority in Congress and among the states. The current trend in Washington of going around the fundamental law of the land makes a mockery of the concept that government rules by the consent of the people. The government is now using our own tax money to erode away our rights.
That must be stopped before too much of our individual liberty is stolen from us. No temporary majority in Congress may be allowed to twist the meaning of the Constitution as is now being done. If we do not take on this fight now, using the ballot box to retake control of Washington we will most assuredly have to do it later by taking up arms. It is not a question of whether it must be done; it is a question of how we choose to do it--now, in peace, or later, in civil war.
** Read the 9th Amendment again: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Since privacy is obviously a fundamental human right, one that every people in the world recognizes, we need an addition to the Bill of Rights, one which spells out just where the government, and all others, may not go. There was no need for such a Constitutional clause in 1787 because there was virtually no way to collect information on people without their knowledge and consent. There is now. We need to update our laws so that we retain a fundamental right, the loss of which is the first step on the road to slavery.
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