The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.There is a difference of opinion in the political arena on whether current interpretation of enumerated powers as exercised by Congress is constitutionally sound.
One school of thought is called strict constructionists. They often reference a statement on the enumerated powers set forth by Chief Justice Marshall in the case McCulloch v. Maryland:[3]
"This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted.
Another school of thought is referred to as loose construction. They often reference additional comments by Justice Marshall from the same case:
"We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional," wrote Marshall.
Why is a more strict adherence to the intent and measure of Enumerated Powers as defined by the “Federalist Papers” so important? It is what the Greek and Roman Republics did not have to protect them from the tyranny that befell both their Republican forms of government and ended them. Without “Defined Limits” to control one branch of government such as the “Executive” branch, they were destroyed by appointed “Caesar's” that succumbed to the axiom “Absolute power corrupts: absolutely”. They are now just pages in history books.
Our current Executive branch of government unfortunately now defines the above axiom. If left unabated and continuing on its current trajectory we will no longer exist as founded before the end of this decade and if you think that that time frame is impossible to achieve here is a 20th. Century reminder of man’s folly believing that Govt. has all the answers:
Weimar Republic:
The Weimar Republic (German: Weimarer Republik [ˈvaɪmaʁɐ ʁepuˈbliːk] (
listen)) is the name given by historians to the federal republic and parliamentary representative democracy established in 1919 in Germany to replace the imperial form of government. It was named after Weimar, the city where the constitutional assembly took place.
Following World War I, the republic emerged from the German Revolution in November 1918. In 1919, a national assembly was convened in Weimar, where a new constitution for the German Reich was written, then adopted on 11 August of that same year. The ensuing period of liberal democracy lapsed by 1930, when Hindenburg assumed dictatorial emergency powers, leading to the ascent of the nascent Nazi Party and Adolf Hitler in 1933. The legal measures taken by the new Nazi government in February and March 1933, commonly known as the machtergreifung (seizure of power) meant that the government could legislate contrary to the constitution. The republic nominally continued to exist until 1945, as the constitution was never formally repealed, but the measures taken by the Nazis in the early part of their rule rendered the constitution irrelevant. Thus, 1933 is usually seen as the end of the Weimar Republic and the beginning of Hitler's Third Reich.
In its fourteen years, the Weimar Republic faced numerous problems, including hyperinflation, political extremists (with paramilitaries – both left and right wing), and continuing contentious relationships with the victors of World War I.
Regular readers know that I reference this period in history often because it is historically significant that all of the monetary policies as well as the govt. regulatory climate then is identical to now. “Those that fail to learn from history are doomed to repeat it”
There is legislation in the House of Representative's that could slow and stop the current momentum of Un-Constitutional legislation if we can elect Citizen Statesman and not the “Political Ruling Class” that now occupies the District of Corruption.
From Downsize DC:
Representative John Shadegg (R-AZ) has re-introduced The Enumerated Powers Act (EPA) - HR 450. (You can read the entire bill on our Background Page.) EPA would require Congress to reference the specific clause(s) of the U.S. Constitution that grant them the power to enact laws and take other congressional actions.
"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce." —James Madison, Federalist No. 45
So what difference will it make if we require them to cite "chapter and verse" the section of the Constitution that gives them authority to pass a law, create or maintain a program, or impose a tax?
- Well, it might slow them down.
- It might mean that they reconsider a proposal instead of introducing it.
But we freely admit, this new law won't stop them.
We believe the real power of this requirement is that it would, over time, build the evidence necessary to make some real reforms. After all, how many different, un-constitutional actions per day can they blame on the Commerce Clause before a judge rules or a reforming group stands up and says, "This is a hole large enough to drive a fleet of trucks through; let's tighten it up!"
EPA might even, eventually, embarrass Congress. As Walter Williams has pointed out, "Congressmen, openly refusing to live up to their oath of office, exhibit their deep contempt for our Constitution." EPA would expose these politicians because their actions would speak louder than their phony rhetoric.
There's an old Texas legend that says, a young politician by the name of Lyndon Johnson (yes, that Lyndon Johnson), was looking for an edge in his campaign. Johnson suggested to his campaign manager that they start a rumor that his opponent enjoyed sexual congress with pigs.
His campaign manager reacted in shock: "Lyndon you know that's not true."
"Sure," Lyndon is alleged to have replied, "I just want to watch him deny it."
Well, Congress does lots of unconstitutional things. And that's no rumor. Walter Williams is almost certainly right; most members of Congress seem to have "deep contempt for our Constitution."
Now, we just want to see them compelled to deny that charge.
Contact your representative and demand they sign on and support passing this legislation and if they don’t then you know who the traitor’s are.
In Freedom,
Dr. Keith C. Westbrook Pres. Conservative Party-Florida
