Where is the Constitutional Authority?

Where is the Constitutional Authority?
10 September 2009
By Charles A. Hall, “Tony”

I believe I’ve become a U.S. Constitution Watchdog and an activist for the Supreme Law of the Land – the Constitution of the United States of America – to be followed and no longer ignored. In American politics I believe in two things: The People and The Constitution. Please note that order: The People and The Constitution. The first three words of the Constitution clearly state “We the People”. It wasn’t “We the Federal Government” or “We the States”. No, it was “We the People”. The People did “ordain and establish [the] Constitution of the United States of America.”

I have read the Constitution in its complete form within the last two months and I believe that is more than can be said for probably the President of the United States, Barack Hussein Obama, Vice President Joseph Biden, Speaker of the House Nancy Pelosi (D-CA), Senate Majority Leader Harry Reid (D-NV), Democrats and Republicans in the United States Congress.

I was listening to the Glenn Beck program last week and a caller called in and talked about how she and others hand addressed envelopes and provided a mailer out of their own pocket to members of the United States Congress. This mailer had a piece of paper about their mission for the mailer, a copy of the Constitution of the United States of America, and a small 3x5 card that they asked for them (Congressman and Senators) to sign that they would read the Constitution. She received only one card back. She did this back at the beginning of the year. Why is it so hard to read the Constitution and send a card back making a promise you’ll read the Constitution and live by it? Very interesting, right?

The People of the United States of America ordained and established the Constitution of the United States of America because they had been oppressed by King George and the British Empire. The Founding Fathers – George Washington, Thomas Jefferson, James Madison, Benjamin Franklin, and many others – didn’t trust a strong Federal Government! They wanted the powers of the Congress to be limited to those outlined in Article 1, Sections 8 and 9 (http://www.usconstitution.net/const.html#A1Sec8 and http://www.usconstitution.net/const.html#A1Sec9).

“Now wait, Charles, the last line of Article 1, Section 8 states: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Ah, yes, the “necessary and proper” clause. Okay, let us look at that. It says they can “make all Laws which are necessary and proper for carrying into the Executive the FOREGOING Powers.” [Emphasis Added] What is FOREGOING powers? They are the ones listed in Article 1, Section 8! How about the “Constitution for Dummies” version: “To make laws to carry out the powers listed above in Article 1, Section 8.” That is quite simple, right?

“Now wait, Charles, the first line of Article 1, Section 8 states: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”

Does the “general Welfare” mean a National Health Care system? NO, IT DOESN’T! Look at the beginning of the clause: “To lay and collect Taxes, Duties, Imposts and Excises.” It is giving Congress the power to do that awful “T” word: Tax. By laying (making tax law) and collecting taxes Congress is to: pay off National Debt, provide for defense and security (armies and navies found later on in Section 8), and general welfare.

“Now wait, Charles, again, what is ‘general Welfare’?”

I couldn’t say it any better then this: “Unlike most General Welfare clauses, however, the clause in the U.S. Constitution has been interpreted as a limitation on the power of the United States Congress to use its powers of taxing and spending” (http://en.wikipedia.org/wiki/General_Welfare_clause). Does that sound like National Health Care is allowed?

In 1791 Alexander Hamilton wanted to create a “National Bank,” meaning it was run by the Federal Government. “However, as early as February 1791, Hamilton had treated the subject of the general welfare in his ``Opinion on the Constitutionality of the National Bank''--written after Washington's Secretary of State Thomas Jefferson, and his Attorney General Edmund Randolph, had both declared the creation of a national bank unconstitutional” (http://american_almanac.tripod.com/welfare.htm). Now if they, the Founding Fathers (namely Thomas Jefferson – Author of the Declaration of Independence and Third President of the United States), in 1791 thought the creation of a National Bank was unconstitutional though Hamilton cited the “general Welfare” clause how then would the Founding Fathers now view present-day Congress trying to create a “National Health Care System” under the same clause. I believe they would strike it down in a heartbeat.

I’m taken back to a line in the movie Batman Begins where, after twenty years since Thomas Wayne (Bruce Wayne’s father) was murdered, they (Wayne Enterprises Board of Directors) were talking about heavy weapons manufacturing. One board member said, “I don’t think Thomas Wayne would have view heavy-weapons manufacture as a suitable cornerstone for our business.”

The Chairman of the Board says, “That was twenty years ago, Fredericks. I think after twenty years we can allow ourselves to stop thinking about what Thomas Wayne would have done.”

Do you think that President Obama and members of Congress are thinking the same way? “I think after two-hundred plus years we can allow ourselves to stop thinking about what the Founding Fathers would do.” I certainly hope not!

What has the Office of President and the United States Congress done that isn’t listed as a power in the Constitution?

-Bank Bailout (under President George W. Bush)
-Auto Bailout and “Stimulus” Package (under President B. Hussein Obama)
-The House passed Cap-and-Trade
-Government takeover of General Motors
-Health Care Reform

Those are the major issues they have used their non-existent powers on!

James Madison, Founding Father, Father of the Constitution and Bill of Rights, said this in Federalist #45 (http://www.constitution.org/fed/federa45.htm):

-Powers delegated to the Federal government are few and defined
-Powers remaining in the State governments are numerous and indefinite

The powers delegated (given) to the Federal Government are “FEW AND DEFINED” [Emphasis Added] and the “REMAINING” [Emphasis Added] powers to the States are “NUMEROUS AND INDEFINITE” [Emphasis Added].

Here is the Father of the Constitution and the Bill of Rights clearly stating, “Congress! These powers are it! You have no more and no less powers then these powers right here! No More, No Less! Everything else is to the States!” How much more clearly can you get then straight from the horse’s mouth?! The Father of the Constitution should know, shouldn’t he? “If it doesn’t list it here it isn’t yours!”

The Tenth Amendment in the Bill of Rights clearly states: “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.” What powers are those? The ones found in Article 1 for Congress! The ones found in Article 2 for the President! The ones found in Article 3 for the United States Supreme Court! NO MORE, NO LESS! “If it doesn’t say it’s yours then it is theirs, the People and the States!”

I don’t read anything in the Constitution of the United States that says the Federal Government, the President, or Congress can pass any legislation or sign any legislation on bank bailouts, automaker bailouts, cap-and-trade, government takeover, health care reform, or any other brilliant yet unconstitutional “idea”! They don’t have the power to do it so don’t do it!

Here is a great video to watch on Article 1, Section 8 that I found put out by a U.S. Constitution Patriot and Watchdog like myself:

Article 1, Section 8


They, the President and Congress of the United States of America, DO NOT, repeat DO NOT, have the power to do even 95% of the things they do! We need to stop ignoring them and start checking them out! Yes, vote them out! Place term limits on them! Make them follow our governing document. The Constitution was created of some really bright guys, brighter then anyone in Congress or the President is now or ever will be!

STOP MAKING UP CONSTITUTIONAL AUTHORITY THAT DOESN’T EXIST!

Question: Where is the Constitutional Authority?
Answer: It doesn’t exist!

Respectfully,

Charles A. Hall, “Tony”
www.charlesahall.com

Prophecy By Nikita Khrushchev Coming True!

A few weeks ago my wife and I were traveling from Utah to Washington State to see my brother come home from an LDS ("Mormon") Mission in Richmond, Virginia. I was listening to Glenn Beck on those travels and he brought back A VOICE FROM THE DUST to speak to us today!

Ezra Taft Benson (13th President of the LDS Church) served as Secretary of Agriculture (21 January 1953 - 20 January 1961) under President Dwight D. Eisenhower, President of the United States of America (January 20, 1953 – January 20, 1961).

At the request of President Eisenhower Secretary Benson met with Soviet Leader Nikita Khrushchev, First Secretary of the Central Committee of the Communist Party of the Soviet Union (http://en.wikipedia.org/wiki/Nikita_Khrushchev). I could sum up the meeting between Secretary Benson and Secretary Khrushchev, but it is better that you hear it in Secretary Benson's own words. Here are several clips I want you to hear:

Glenn Beck play clip of Ezra Taft Benson


Ezra Taft Benson-Warning


SHOCKING 1966 BUY Devotional Warning on Socialism


Stand Up for Freedom- Ezra T. Benson


OVER 40 YEARS AGO A LEADER OF COMMUNIST RUSSIA TOLD A MEMBER OF THE UNITED STATES CABINET PROPHESIED THIS DAY, OUR DAY, THAT WE WOULD LIVE UNDER SOCIALIST/COMMUNIST RULE! THIS IS HAPPENING! A FULFILLMENT OF PROPHESY!

CAN WE CONTINUE TO SLEEP?

CAN WE CONTINUE TO BELIEVE NOTHING IS WRONG?

CAN WE CONTINUE TO THINK OUR LEADERS HAVE OUR BEST INTEREST AT HEART?

CAN WE ALLOW OUR VOICE TO DIE WHEN WE HAVE BEEN WARNED BY THOSE THAT KNEW COMMUNISM FIRST HAND?

CAN WE ALLOW AMERICA, THE MOTHER OF US ALL, TO DIE AT THE HANDS OF THOSE THAT SEEK TO UNDER MIND FREEDOM AND FORCE FEED US SOCIALISM?

CAN WE ALLOW THE "SLEEPING GIANT" KNOWN AS AMERICA DIE WITHOUT A FIGHT?

SOCIALISM, COMMUNISM, A LARGE FEDERAL GOVERNMENT: This form of government was not the intent of the Founding Fathers! They wanted liberty and peace, a government that served The People, not the people serving The Government. They wanted the Rule of America in the hands of The People and The States, not the federal government.

If we do not Stop This Hurricane Obama and his followers Communism, OVER ONE MILLION AMERICANS WHO HAVE DIED IN ACTIVE COMBAT FROM THE TIME OF THE AMERICAN REVOLUTION TO THE WAR ON TERROR (94,000+ IN KOREA AND VIETNAM ALONE FIGHTING COMMUNISM!) WILL HAVE DIED FOR NOTHING BECAUSE WE HAVE FAILED OUR ANCESTORS AND OUR CHILDREN!

*Gets off his soup box*

E-mail to President Barack H. Obama - 27 July 2009

Dear President Barack H. Obama,

I understand there is a need to help lower health care costs for the American Public, but the current Bill (HR 3200) is NOT THE WAY! If passed by Congress and signed into LAW by YOU, President Obama, you are taking control of my life and taking away my liberties as a Citizen of the United States of America.

If you need help reading this bill in your busy schedule here are the bullet points that you might want to read:

“Pg 22 of the Health Care Bill MANDATES the Govt will audit books of ALL EMPLOYERS that self-insure!!

Pg 30 Sec 123- THERE WILL BE A GOVT COMMITTEE that decides what treatments/benefits you get.

Pg 29 lines 4-16 - YOUR HEALTHCARE IS RATIONED!!!

Pg 42 - The “Health Choices Commissioner” will choose your HC Benefits for you. You have no choice!

PG 50 Section 152- HC will be provided to ALL non-US citizens, illegal or otherwise.

Pg 53- Severability (KEY GEM)

“If any provision of the Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the application of the provision to any other person or circumstance shall not be affected.”

Pg 58 - Govt will have real-time access to individual’s finances & a National ID Healthcard will be issued!

Pg 59 lines 21-24- Govt will have direct access to your bank accounts for electronic funds transfer

PG 65 Sec 164 is a payoff subsidized plan for retirees and their families in Unions & community organizations (ACORN).

Pg 72 Lines 8-14 Govt is creating an HC Exchange to bring private HC plans under Govt control.

PG 84 Sec 203 - Govt mandates ALL benefit packages for private HC plans in the Exchange

PG 85 Line 7 - Specs for Benefit Levels for Plans = The Govt will ration your Healthcare!

PG 91 Lines 4-7- Govt mandates linguistic appropriate services. Example: Translation for illegal aliens

Pg 95 Lines 8-18 The Govt will use groups i.e., ACORN & Americorps to sign up individuals. for Govt HC plan.

PG 85 Line 7 - Specs of Benefit Levels For Plans. #AARP members- Your Health care WILL be rationed

PG 102 Lines 12-18- Medicaid-Eligible Individual will be automatically enrolled in Medicaid. No choice.

pg 124 lines 24-25 No company can sue GOVT on price fixing. No “judicial review” against Govt Monopoly.

pg 127 Lines 1-16- RE: Doctors- The Govt will tell YOU what you can make.

Pg 145 Line 15-17 An Employer MUST auto-enroll employees into public option plan. NO CHOICE

Pg 126 Lines 22-25 Employers MUST pay for HC for part time employees AND their families.

Pg 149 Lines 16-24 ANY Employer w/ payroll $400k & above who doesn’t provide public option pays 8% tax on all payroll.

PG 150 Lines 9-13- Biz w payroll between 251k & 400k who doesn’t provide pub. opt pays 2-6% tax on all payroll

Pg 167 Lines 18-23 ANY individual who doesn’t have acceptable HC according to Govt will be taxed 2.5% of income.

Pg 170 Lines 1-3 Any NONRESIDENT Alien is EXEMPT from individual taxes. (Americans will pay)

Pg 195 -Officers & employees of HC Admin (GOVT) will have access to ALL Americans financial/personal records

PG 203 Line 14-15- “The tax imposed under this section shall not be treated as tax.” Yes, it actualy says that.

Pg 239 Line 14-24-Govt will reduce physician services for Medicaid. Seniors, low income, poor will be affected. Expendable.

Pg 241 Line 6-8- Doctors, doesn’t matter what specialty you have, you’ll all be paid the same.

PG 253 Line 10-18 Govt sets value of Dr’s time, professional judgment, etc. Literally sets the value of humans."

And there is more to be found at http://rightsoup.com/twittering-obamacare-horrors-in-the-bill/.

If you need the complete bill you can find them here:

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3200:
http://edlabor.house.gov/documents/111/pdf/publications/AAHCA-BillText-071409.pdf

DO NOT SIGN THIS BILL INTO LAW, PRESIDENT OBAMA! YOU ARE DESTROYING AMERICA AND TURNING IT INTO A SOCIALIST COUNTRY! I WANT THE UNITED STATES OF AMERICA! I DO NOT WANT EUROPE, THE SOVIET UNION, OR ANY OTHER COUNTRIES HEALTH CARE OTHER THEN AMERICA! DO NOT SIGN THIS BILL! STOP PUSHING THIS AGENDA! STOP DESTROYING AMERICA!

Respectfully,

Charles A. Hall, "Tony"
www.charlesahall.com