Comments on: All Legislative Powers Herein Granted

By: stormytime

stormytime — Thu, 06 Jan 2011 00:40:58 +0000

would Mr. Boldin please comment: debate today on senates fillibuster rule, interesting. Under the original constitution, prior to the 17th amendment, it is my understanding that senators were the representative of the State Legislatures in the federal government; by and through their senator, a State Legislature had the power, among others, to halt or nullify federal legislation it was opposed to through the use of a fillibuster–is that historically accurate?

By: Walt

Walt — Wed, 05 Jan 2011 19:41:46 +0000

An additional note on this subject:

In Article II we find this stipulation.

'He [the President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient….'

If the executive branch possessed the power to enact on its own anything possessing the colour of law, why would the Constitution include this language requiring the President to present legislation to Congress?

By: TrvlSEA

TrvlSEA — Sun, 02 Jan 2011 18:54:36 +0000

Please post the recommended reading because I see both sides to this issue although I am not a fan of delegated duties by Congress.

By: JMB

JMB — Sun, 02 Jan 2011 02:18:46 +0000

A good dictatorship understands how to best nourish its own siblings.

By: MichaelBoldin

MichaelBoldin — Sat, 01 Jan 2011 20:02:49 +0000

this view of the necessary and proper clause is wholly incorrect. sad, though, its a pretty common view….although not generally from regular readers of this site.

if anyone wants some recommended reading on this clause, let me know.

By: Bill Walker

Bill Walker — Sat, 01 Jan 2011 17:59:48 +0000

The author quotes then ignores the Constitution. Congress is empowered to pass all laws "necessary and proper" to effect powers described in the Constitution. He fails to appreciate history and acts as if he has just discovered there are agencies in the United States government that pass regulations. While I cannot argue with his complaint regarding them, I can bet dollars to doughnuts that if I took the time to study U.S. law already passed by Congress, it granted such authority to the agency in question. This grant may be several decades old. It may be recent but I guarantee it is there authorized by the necessary and proper clause. In short his complaint is a legitimate one that should be addressed by amendment and indeed can only be addressed by that means.

Congress has for years "passed the buck" in regards to the hard decisions of legislation to the courts or to other parts of the government. In this way, they avoid the political heat associated with, for example, closing bases. Clearly the Constitution designates that Congress regulates the military. Closure of bases is a form of such regulation. But instead a commission created by Congress makes the decision and Congress merely rubber stamps it. If there is complaint, the answer is the commission made the decision, not us. This is one of literally thousands of possible examples.

The same is being used in his example. The commission made the rules, not us. Blame them. This is wrong and an amendment is needed to redress it and force Congress to make a lot more decisions that just "pass the buck."

By: kimkey01

kimkey01 — Sat, 01 Jan 2011 08:22:18 +0000

The first new rule says you HAVE to have insurance. Both my husband and I have pre-existing conditions, and although the new bill says we can't be denied coverage because of it. So far, the cheapest health insurance we've been able to find is called "Wise Health Insurance" search for it online if you are pre-existing conditions.

By: Roger Prather

Roger Prather — Sat, 01 Jan 2011 04:54:13 +0000

You raise a great issue here. Thanks! A corollary issue is the quasi-judicial powers that are exercised by the executive branch, usually tasked with interpreting the very regulations the overseeing agency has implemented — conflict of interest, anyone?

By: Tweets that mention 10th: All Legislative Powers Herein Granted #constitution #tlot #teaparty #tcot -- Topsy.com

Fri, 31 Dec 2010 19:23:07 +0000

[...] This post was mentioned on Twitter by TenthAmendmentCenter, MS, William Jones, Ron Paul and others. Ron Paul said: All Legislative Powers Herein Granted http://bit.ly/hBeIRj #tlot #tcot #RonPaul [...]

By: Philosopherking

Philosopherking — Fri, 31 Dec 2010 15:08:47 +0000

FCC, FDA, and all other extra congressional organizations need to be eliminated completely.