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Tag(s): Congress; Constitution The; Constitutional Issues; Laws; Legislation
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January 14, 2008 at 17:15:52

Is The Constitution Really That Unfair?

by Michael Bonanno Page 1 of 6 page(s)

www.opednews.com

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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.

1 | 2 | 3 | 4 | 5 | 6

Song sample for October, 2008 Everybody Knows from the cd Flameland.

Michael Bonanno is a published poet, essayist and musician who lives in the San Francisco Bay Area. Some of his poetry can be found at The Poetry Corner at OpEdNews.He is an associate editor for OpEdNews.

Bonanno is a political progressive, not a Democratic Party apologist. He believes it's government's job to help the needy and that leaving the people's well being to the so called "private sector" is social suicide.His CDs may be purchased at CD Baby.

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4 comments

Energy consultant, computer program design. Come from the days when people participated in life rather than wanting someone or something to entertain us. Interest in world and particularly American History. Traveled and have been to countries where the corruption and the lack of law destroys wealth and opportunity for its citizens.
DRSANGLEEnergy consultant, computer program design. Come from the days when people participated in life rather than wanting someone or something to entertain us. Interest in world and particularly American History. Traveled and have been to countries where the corruption and the lack of law destroys wealth and opportunity for its citizens.

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, January 14, 2008 at 6:06:32 PM

10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

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, 2 diaries, 608 comments) on Tuesday, January 15, 2008 at 11:50:04 AM

*****************************************************

Thomas Bonsell is a former newspaper editor (in Oregon, New York and Colorado) United States Air Force cryptanalyst and National Security Agency intelligence agent. He became one of American journalism's leading constitutional experts through years of study at Georgetown University Graduate School of Government in Washington, D.C., and tries (without much success) to be patient with people who argue endlessly on su...

to see more of bio, click on member name
tabonsell*****************************************************

Thomas Bonsell is a former newspaper editor (in Oregon, New York and Colorado) United States Air Force cryptanalyst and National Security Agency intelligence agent. He became one of American journalism's leading constitutional experts through years of study at Georgetown University Graduate School of Government in Washington, D.C., and tries (without much success) to be patient with people who argue endlessly on su...

to see more of bio, click on member name

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 (29 articles, 0 quicklinks, 22 diaries, 250 comments) on Tuesday, January 15, 2008 at 4:53:05 PM

Song sample for October, 2008 Everybody Knows from the cd Flameland. Michael Bonanno is a published poet, essayist and musician who lives in the San Francisco Bay Area. Some of his poetry can be found at The Poetry Corner at OpEdNews.He is an associate editor for OpEdNews. Bonanno is a political progressive, not a Democratic Party apologist. He believes it's government's job to help the needy and that leaving the people's well being to the so called "private sector" is social suicide.His CDs m...

to see more of bio, click on member name
Michael BonannoSong sample for October, 2008 Everybody Knows from the cd Flameland. Michael Bonanno is a published poet, essayist and musician who lives in the San Francisco Bay Area. Some of his poetry can be found at The Poetry Corner at OpEdNews.He is an associate editor for OpEdNews. Bonanno is a political progressive, not a Democratic Party apologist. He believes it's government's job to help the needy and that leaving the people's well being to the so called "private sector" is social suicide.His CDs m...

to see more of bio, click on member name

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 (85 articles, 19 quicklinks, 24 diaries, 123 comments) on Tuesday, January 15, 2008 at 5:32:43 PM