Home
Refresh   Tag(s): ; ; ; ;
Add to My Group
January 14, 2008 at 17:15:52

View Ratings | Rate It

Is The Constitution Really That Unfair?

by Michael Bonanno     Page 1 of 6 page(s)

www.opednews.com


Tell A Friend

On Friday, January 11, Thom Hartmann debated Terence Jeffrey of the Cyber News Service, formerly the Conservative News Service.  Jeffrey refers to himself as a "Constitutionalist", an "Originalist".  His views very much remind me of the things that Ron Paul says.

It really makes no difference who's calling himself or herself a "strict Constitutionalist".  What matters is what he or she means by that label.

Recently, in the fifty-eighth year of my life, I began seriously reading The US Constitution.  I recommend that those who are young and, barring a catastrophic experience, have a good number of years in front of them study this document and other records that were created during the framing of The Constitution.  Study the debates and the points of view that were expressed when Jefferson's draft was presented to the convention.

Disclaimer: When I write that I've recently begun to seriously read The Constitution, one should note that the words "recently begun" are key.  I'm not a constitutional lawyer.  In fact, I'm not a lawyer at all.  Consequently, I'm not, in any way shape or form, an expert on The Constitution of The Former United States of America (The FUSA – hopefully to soon return to its former United state).

What Hartmann and his guest discussed pretty much focused on the powers that the founders agreed Congress should have.  Consequently, the discussion focused on Article I of The Constitution.

(I'll be italicizing some sections and/or words that I personally find interesting in this beginners' discussion of our Constitution.)

Article I, Section 1 of The Constitution reads as follows:

"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

According to Dictionary.com, the word "legislative" means:

1. "Of or relating to the enactment of laws.
2. Resulting from or decided by legislation.
3. Having the power to create laws; intended to legislate.
4. Of or relating to a legislature."

So, according to the meaning of the word "legislative" as published by Dictionary.com,

"All legislative Powers (the power to create laws) herein granted shall be vested in a Congress of the United States..."

The laws that Congress may pass, according to "strict Constitutionalists", are spelled out in the document (herein) in question, i.e., The Constitution.  So, if Congress tries to create a law dealing with anything other than the powers granted them in The Constitution, the law will be, by definition, unconstitutional.

Section 2 and Section 3 merely state who may become a member of Congress.

However, Section 4 gives us a bit more insight as to what those ratifying The Constitution had in mind for Congress.

Though Section 4 deals mostly with where, when and how Congress shall assemble, there is a portion of that section which seems to give us a bit of insight.

Next Page  1  |  2  |  3  |  4  |  5  |  6

 

www.worldconditions.com

Michael Bonanno is an associate editor for OpEdNews.

He is also a published poet, essayist and musician who lives in the San Francisco Bay Area.

Bonanno is a political progressive, not a Democratic Party apologist. He believes it's (more...)
 

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.

Contact Author Contact Editor View Authors' Articles

 

Book Recommendations for "Congress The Issues Laws"
Political broadcasting laws and the indecency standard: The issue of campaign advertisements featuring dead fetuses and abortion procedures (CRS report for Congress)
by L. Paige Whitaker


Number of pages: 9
Publisher: Congressional Research Service, Library of Congress

Information policy and technology issues: Public laws of the 95th through 100th Congresses (CRS report for Congress)
by Robert Lee Chartrand


Number of pages: 16
Publisher: Congressional Research Service, Library of Congress

"Safe haven" for abandoned infants: Background on the issue and state laws (CRS report for Congress)
by Karen Spar


Number of pages: 5
Publisher: Congressional Research Service, Library of Congress]

Hurry up and wait if you're looking for action from Congress. (issues under consideration in Congress)(Column): An article from: National Underwriter Property
by Steven Brostoff

$5.95

Number of pages: 3
Publisher: The National Underwriter Company

View All Book Recommendations

Share this page: (what's this?)                   Tell a Friend: Tell A Friend

FACEBOOK      DIGG THIS      Add This Page to Mr Wong!           NEWSVINE      DEl.ICIO.US      Looksmart Furl      NETSCAPE      My Web      Tag!RawSugar      Blink List     (More...)
Comments: Expand   Shrink   Hide  
4 comments


When one finally connects to what the Constitution is.

When one not only reads the U.S. Constitution but understands the reason for it and it applies directly to ones self does it really have impact.

When it happens, one knows.

Right now, I can only assume most have never read it. Most think it was a document that is not in effect and was just something from the past.

No, it is the supreme law of the land and every state law must not violate the U.S. Constitution and every citizen is under the oath of abiding by the laws of the Constitution.

Thanks to all those young people that have realized how important this is.

I am impressed and at least now hopefull after spending most of my life fighting against a country that evidently loves committing suicide.

 

 

 

 

 

by DRSANGLE (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Monday, Jan 14, 2008 at 6:06:32 PM

Recommend  (0+)

Those in need.

Just as Congress have delegated its duties in other areas you have mentioned it has done the same for "general welfare".

For instance the Red Cross is responsible for assisting people in disasters under  it's congressional charter. Oddly enough they give them no money to do the job.

Hillary Clinton ran for the wrong office as has so many other candidates. The President and Senate do not get to spend the money at least in constitutional theory.

by Gallaher (2 articles, 0 quicklinks, 4 diaries, 990 comments [34 recommended, 1 rejected]) on Tuesday, Jan 15, 2008 at 11:50:04 AM

Recommend  (0+)

AT LEAST, YOU'RE TRYING

It's nice to see someone actually reading and trying to understand that document, but that may not be enough. Formal education might be needed. A few pointers: Jefferson had nothing to do with the Constitution; he was an envoy to France at the time. James Madison is credited with pushing for the Constitution and Gouverneur Morris was the scribe who actually wrote down the words. The "general welfare" clause applies only to taxing and spending; such as Social Security, Medicare or similar programs. The power to regulate commerce covers many areas such as minimum wages, safe work places, pollution and others. You are right that "originalists" or "strict constructionists" are fools. I wrote about them recently at: http://www.opednews.com/articles/opedne_thomas_b_070605_protecting_our_const.htm

by tabonsell (33 articles, 0 quicklinks, 39 diaries, 318 comments [1 recommended, 0 rejected]) on Tuesday, Jan 15, 2008 at 4:53:05 PM

Recommend  (0+)

Thank you

all for trying to help me along with my education.

I think back to my high school days and there's the teacher trying to teach us (me) about this stuff and I'm daydreaming about nailing the blond who's in my geometry class.  What a fool, hey?

Michael Bonanno

by Michael Bonanno (119 articles, 19 quicklinks, 24 diaries, 152 comments) on Tuesday, Jan 15, 2008 at 5:32:43 PM

Recommend  (0+)

 
Want to post your own comment on this Article? Post Comment


 

Most Popular Articles
in the Last 2 Days
(by Recommend Emails)

Tampa, FL - UnitedHealth to Enter Funeral Parlor Industry by James Dunham

Rothschild's Federal Reserve Must Be Abolished by Allen L Roland

Photo Essay: Thoughts for the Fourth of July: Talking the Talk and Walking the Walk for Peace by Mac McKinney

Israeli Embassy Correspondence Concerning Spirit of Humanity Capture Clarifies Centuries of Conflict by Meryl Ann Butler

Health Insurance Exec Whistleblower Wendell Potter Testifies Before Congress by Wendell Potter

Did Obama Appoint People With Track Record of Making Right Decisions? by Ralph Nader

The true face of politics as 467,000 jobs were shed by Mary MacElveen

Obama Has No Legal Authority For Afghan War by Sherwood Ross

Torture on the 4th of July by Lawrence Gist

Hypocritical Repugnicans Owe WJ Clinton an Apology by David Gray

Go To Top 50 Most Popular

 

Tell a Friend: Tell A Friend

Copyright © 2002-2009, OpEdNews

Powered by Populum