Support the Enumerated Powers Act

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This legislation, from Representative John Shadegg (R-AZ), would make Congress far more likely to follow the 9th and 10th Amendments:

NINTH AMENDMENT: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

TENTH 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.

The “Enumerated Powers Act” would force Congress to cite its Constitutional authority for every law it passes.

The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress.

Congress may exercise only those powers that are stated in the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.

From John Shadegg:

For too long, the federal government has operated without constitutional restraint. In doing so, it has created ineffective and costly programs, massive deficits year after year, and a national debt totaling nearly $7 trillion. The Enumerated Powers Act will help slow the flood of unconstitutional legislation and force Congress to reexamine the proper role of the federal government.

If you think Congress should have to quote “chapter and verse” from the Constitution before it creates a new law or program, please ask Congress to pass the “Enumerated Powers Act.”

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A Demand upon the Governors of the United States from the People of the United States for Peace, Liberty, and Protection.

The people of the United States pray the Governors of the Several United States to their duty as conservator of peace and supreme executive power of our individual states to protect the people under our sovereignty and rights guaranteed the people by our United States Constitution.

The many recent and brazenly unconstitutional actions by our Federal Government are overt enough to lead much of the populace to believe that the Federal Government is no longer acting on the behalf of our people and nation, but endeavor to subvert our Constitution and God given rights. It is evident that the hand of this evil reaches our own State Legislatures, and that decisions are being made at some other level and then handed down as orders to be followed by democratically elected state leaders who follow those orders based on party affiliation. This claim can be supported by pointing to the ability to determine how any proposed Legislation will fare, in advance, by merely determining which party, Republican or Democrat, has controlling numbers in our State Governments.

This is exampled by pointing to the recent State Sovereignty Legislation, in the several States, as further proof of these accusations. Numerous States have recently introduced legislation to reaffirm the sovereignty of their State, with intent of protecting its people from Federal Government encroachment, only to have it killed by a Democrat Party majority in their State Houses. While it could be argued that there is no need to reaffirm the sovereignty that is guaranteed us by our United States Constitution, we hold to you that any elected official that has sworn an oath to uphold and protect our great document should not need a moment to consider other than voting to upholding its strength and virtue. For our leaders to vote against these principals is perplexing. If our elected officials’ allegiance is not to our Constitution, where then, does their allegiance lie?

The Speaker of the House of the United States Congress has recently announced that Mexican nationals are, “the future of our great Nation” –that “they are the true patriots.” Such statements, from the holder of the office third in secession to the Presidency of our land, are inconceivable.

The financial shell games in Washington D.C. appear to be designed more for the purpose of undermining our Country, than to aid in its recovery.

The coming legislation to further encroach our second amendment rights are an act of war against the people of The United States.

These examples and many others, lead the people to a precarious point in our great country’s history.

We, peaceful and innocent people of the various States, are soon to be caught in the middle of a swelling battle between the apparently insurrecting Federal Government, which treats our lives and our Constitution with scorn, and on the other side, by the righteous people of our great nation that are emptying the shelves of ammunition in preparation for a solution as demanded of the people by the Second Amendment to our United States Constitution.

The Federal Government has created this crisis in the safety of their distance from the people, and while they have not followed the intent of our founders to leave the true power of the people’s government in the states, it should be assumed that this is where the people will act, as intended by the founders, to their state governments. We ask that the governors of the several states act on their duty and authority to protect us now under our state’s sovereignty and repel and disassemble the Federal Government by peaceful means. Protect us before the people have no option but to protect ourselves. Do your duty for your people, your Country and your Constitution. It is time to start over.

Oliver, you're absolutely right - they do cite the Preamble - and they get away with it because far too many Americans don't know the first thing about the Constitution.

As you most likely already know, the preamble is just that - a preamble.....nothing more, and nothing less.

This is absolutely not an authorization of power - in any way.

All that the preamble says is this:

1. We the people
2. for these reasons (welfare, justice, tranquility)
3. establish a constitution

The Constitution then goes on to provide the rules for government. When government follows those rules, we have those things that “we the people” listed at the beginning.

The preamble, like the preamble for every document, is simply an explanation of what the document is being written for. period.

Here’s the definition of preamble, just so there’s no misunderstanding:

pre·am·ble: the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows.

Unfortunately, politicians have misled many good-meaning people to believe that they can do whatever they want, as long as it fits their or your definition of what “general welfare” is. It’s pretty easy to see where that’s gotten us.

I beg everybody's pardon, but please consider the following. Regardless of John Shadegg's very good intentions evidenced by his repeatedly proposed, but repeatedly ignored Enumerated Powers Act, the following must happen. Constitutionally-impaired voters must be reconnected with the constitutional principle of state sovereignty. Once reconnected, voters need to replace the current generation of corrupt federal and state lawmakers who wrongly ignore state sovereignty with lawmakers who will respect state sovereignty without needing anything like the EPA anyway.

Also, the following link is an analysis as to how state sovereignty-ignorant voters have shot themselves in the foot with big, corrupt federal government.

http://www.ronpaulforums.com/showthread.php?t=199792

Now that the State legislatures are finally taking action against the monster they created in Washington, we are going to need willing allies within the Federal Government if this agenda is to make real progress. Do not alienate those allies by claiming victory prematurely and declaring them obsolete.

Mr. Shadegg has taken an important step and that should not be underated. The notion that once the States reassert their soverignty that the ninth amendment will be redundent is a dangerous assumption. Each of those amendments are important safeguards of our liberty and none should be taken lightly.

Just as in the movie "Mr. Smith Goes to Washington", I feel many good people enter public service only to be corrupted by the enormous machine we built through our own complacency. It will take some of those good people to help dismantle it so let's not dismiss the importance of any of the amendments or we will have a new battle to fight and a new machine to dismantle 40 years from now.

Once the Federal Government has been rightfully restrained and the powers are returned to the States and the people, the opiate of unbridled power will no longer seem so appealing to those who would spend decades in Congress. Maybe then we can fill the halls of government with a majority of "Mr. Smiths" as was intent of the founders when this nation was formed.

This is backtracking. We have set the stage for state sovereignty. The
crack of the opening in the heavy door of freedom through states rights.
Why go back? It is accomplished! By now the powers in Washington should be
aware of changes ahead. What is next?-Tax rebellion according to states rights.
We defund the beauracracies one by one! Repealing the federal income tax
through the power of states rights is our only hope. The 9th amendment
is redundant. There will be very little done at the federal level in
a true republic to need the 9th ammendment to be revisited. Most power will ideally be at the local and state levels. That will be the new power
balance.
Just watch our community schools blossom in freedom and communty pride
return to our neighborhoods!

There are 3 parties to this binding contract WE THE PEOPLE entered into with respects to the DATE each Territory, Colonies, and Citizens ALLOWED it to be formed. It is a BINDING CONTRACT that has been over the course of several years, kicked and stomped on by the Federal Gov't. It would have been a better contract if certain things may have been specified on a few issues.....

We The People the sole benificiary party to this contract of benefit, any and all benefits that may conspire, acquire, construe, or any other wise not clearly defined in the afore mention contract (The United States Constitution) Accept the contents of here in.........233 years later...... We as a 1st Party to this binding contract demand full remedy from our citizen appointed arbatrators ie gov. congressmen, state reps, etc. to recognize this contract null and void and make the proper, legal, demand for nullify party i.e. the president of the united states, to explain under what article of binding contract that gives the power, and or benefit beyond what is explicit in nature of this binding contract. If remedy demand is not met. We The People may, can , and or will take further legal action under the authority granted us as per fore mentioned contract. The Original date of formation and adoption of said contract is still in force and We The People are demanding satisfaction. We hold all rights reserved and will at no time concede any past, current, or future, benefit or rights that the fore mentioned contract has provided to, 1st Party. As a reminder to all parties in this legal binding contract The Will and Right's of the first party has, can, and will super-cede any and all entitlement's to benefits beyond the scopes and legal definition of binding contract. Any gained benefit's from said binding contract can be used by other binding parties with sole permission of 1st party only not to include representative of. And said benefit has, can, and will be removed from any of the parties beyond 1st party to binding contract if any party beyond 1st party loses there ability through what ever means that may make them ineffective in insuring first party any and all rights and benefit's Past, Present, or Future. Perceived benefit or law that presented to 1st Party from other binding parties will be accepted as such "perceived" and will hold the right to judge the fitness of claim of said benefit as a direct action under of any and all procedure's of law as described in for mentioned contract only. The definition's and procedure's of laws with benefit to first party, and or will be judged harshly. This binding contract has no intended expiration date past, current, and or future and cannot be made to by means of procedure of law, or "intended perceived benefit" to be received for the demise of therein, or be made ineffective. This binding contract has its own rights reserved to remain in effect as long as first party will allow it to exist. 1st party has sole right to remove it's effectiveness of benefit to its self only. 1st Party has the sole right to effectively remove and reinstate any and or all said benefits or laws from removed and or reinstalled said contract only. UNLESS 1st Party through law and procedure makes the binding contract a living entity Citizen status that can not be infringe upon by subject of any procedure of law, by any and all parties to said contract without any intended expiration date.

The Constitution Of The United State in itself but a mere piece of parchment with letters that lay a plan for a nation of simple people to have the greatest nation on earth. It's intent has never been to be evil or to enslave a man. But some of the responsible parties to it currently are twisting it's intent and are determined to destroy it by what ever means it deems proper. I have reaped the benefit of liberty and hell Im kinda hooked on it. It sits very well with me. But now it seems that my forefathers may have seen the future and had the common sense to warn me that a citizen not pure of heart and intent, that may be elected, could very well cause its demise. That plan is strong and fragile at the same time. That plan they lay 233 years ago will have to be fought for one more time. And fight hard I shall.

NO MORE Dept of Education, EPA, Social Security, Medicare, Medicaid, Federal Reserve, and on and on ad naseum.

No more federal income tax. No more double taxation. No more taxation without representation (can a corporation vote? Hell, no. So why is it taxed?) No more death taxes.

Cut the federal government by 65%. Repeal the 17th Amendment and let the states pay their Representatives and Congressmen.

Close the borders. No more "anchor babies".

The Supreme Court needs to "grow a pair" and rule on Obummer's eligibility. Roe v. Wade was legislating from the bench. The SCOTUS was WRONG on emminent domain.

Palin/Bachmann 2012

It is very simple! If we cannot get representation that takes our constitution seriously, and at the risk of error in re-electing bad representatives, throw out ALL the incumbents, each and every time until the "problem" is resolved!

A Demand upon the Governors of the United States from the People of the United States for Peace, Liberty, and Protection.

The people of the United States pray the Governors of the Several United States to their duty as conservator of peace and supreme executive power of our individual states to protect the people under our sovereignty and rights guaranteed the people by our United States Constitution.

The many recent and brazenly unconstitutional actions by our Federal Government are overt enough to lead much of the populace to believe that the Federal Government is no longer acting on the behalf of our people and nation, but endeavor to subvert our Constitution and God given rights. It is evident that the hand of this evil reaches our own State Legislatures, and that decisions are being made at some other level and then handed down as orders to be followed by democratically elected state leaders who follow those orders based on party affiliation. This claim can be supported by pointing to the ability to determine how any proposed Legislation will fare, in advance, by merely determining which party, Republican or Democrat, has controlling numbers in our State Governments.

This is exampled by pointing to the recent State Sovereignty Legislation, in the several States, as further proof of these accusations. Numerous States have recently introduced legislation to reaffirm the sovereignty of their State, with intent of protecting its people from Federal Government encroachment, only to have it killed by a Democrat Party majority in their State Houses. While it could be argued that there is no need to reaffirm the sovereignty that is guaranteed us by our United States Constitution, we hold to you that any elected official that has sworn an oath to uphold and protect our great document should not need a moment to consider other than voting to upholding its strength and virtue. For our leaders to vote against these principals is perplexing. If our elected officials’ allegiance is not to our Constitution, where then, does their allegiance lie?

The Speaker of the House of the United States Congress has recently announced that Mexican nationals are, “the future of our great Nation” –that “they are the true patriots.” Such statements, from the holder of the office third in secession to the Presidency of our land, are inconceivable.

The financial shell games in Washington D.C. appear to be designed more for the purpose of undermining our Country, than to aid in its recovery.

The coming legislation to further encroach our second amendment rights are an act of war against the people of The United States.

These examples and many others, lead the people to a precarious point in our great country’s history.

We, peaceful and innocent people of the various States, are soon to be caught in the middle of a swelling battle between the apparently insurrecting Federal Government, which treats our lives and our Constitution with scorn, and on the other side, by the righteous people of our great nation that are emptying the shelves of ammunition in preparation for a solution as demanded of the people by the Second Amendment to our United States Constitution.

The Federal Government has created this crisis in the safety of their distance from the people, and while they have not followed the intent of our founders to leave the true power of the people’s government in the states, it should be assumed that this is where the people will act, as intended by the founders, to their state governments. We ask that the governors of the several states act on their duty and authority to protect us now under our state’s sovereignty and repel and disassemble the Federal Government by peaceful means. Protect us before the people have no option but to protect ourselves. Do your duty for your people, your Country and your Constitution. It is time to start over.

Kevin, I fear that the US government is already far worse than what the founders rebelled against. What a sad state, indeed...

Our elected officials are weeds compared to the Oaks that built this great country.
It doesn't surprise me at all, to see them scurry like insects for cover, when faced
with the bright light of truth in our founding documents.
It sickens, and embarrasses me. We all know this Bill will never see a majority vote.
We are so far from the founder's intent, that we are quickly becoming what the Declaration was intended to liberate us from.

As if such a law would really make a difference or even get passed. The federal government hasn't obeyed the Constitution in years; we have the President who believes in the Unitary Executive that is not mentioned in the Constitution, we have the Vice-President saying he isn't a part of the Executive Branch nor the Legislative Branch of government, we have a Congress that cedes its power to declare war to the President so he can declare a war that makes no sense and the people don't want, and a Supreme Court that decides issues based on political ideology and not the law.

Just call me bitter in Idaho!

Yeah, that would make their law unconstitutional, since Congress would be stepping outside the boundaries set for it by the constitution... sounds like a great idea, in fact. Though I agree with Michael, the executive branch seriously needs this more than Congress does.

What is the point? I mean, what if they cite a section and it is wrong section? Would that make the law unconstitutional? That sure sounds silly to me. It sounds like you don't like the process of checks and balances we have.

Can you give an example of a bill passed by Congress that cites the Preamble as an "authorization of power"?

The Congress may cite, for example, the "necessary and proper" clause, or the "interstate commerce" clause, which are in the Constitution proper, and which have been interpreted by the Supreme Court to give Congress quite a bit of leeway; I doubt they cite the Preamble nearly as often (if ever).

The whole exercise is a bit misguided, in my opinion, since it is clearly the Executive branch, not the Legislative branch, which currently and historically has gone far beyond its constitutional remit.

Oliver, you're absolutely right - they do cite the Preamble - and they get away with it because far too many Americans don't know the first thing about the Constitution.

As you most likely already know, the preamble is just that - a preamble.....nothing more, and nothing less.

This is absolutely not an authorization of power - in any way.

All that the preamble says is this:

1. We the people
2. for these reasons (welfare, justice, tranquility)
3. establish a constitution

The Constitution then goes on to provide the rules for government. When government follows those rules, we have those things that “we the people” listed at the beginning.

The preamble, like the preamble for every document, is simply an explanation of what the document is being written for. period.

Here’s the definition of preamble, just so there’s no misunderstanding:

pre·am·ble: the introductory part of a statute, deed, or the like, stating the reasons and intent of what follows.

Unfortunately, politicians have misled many good-meaning people to believe that they can do whatever they want, as long as it fits their or your definition of what “general welfare” is. It’s pretty easy to see where that’s gotten us.

They'd all just cite the Preamble... which isn't Article 1, Section 8, but that's what they'd do to say it was Constitutional.

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