Heavy Weapons Guy
Wrote this on my blog a while back, it's meant to be quite facetious at times, but enjoy. I leave it up to you to find the sarcasm. Wrote a mini version of this a long time ago on GF.
DiscussDo you ever have the feeling something is wrong in our country but you can’t quite put your finger on it? Me neither. Whenever the government passes laws, it has our best interests at heart. Always. There is no problem too small for the government fix. From a child eating a candy bar at school, to the business making too much profit, to the customer who wants to order a large soda, and to the citizens who have accumulated more than their fair share of wealth, there is nothing too trivial for our government to fix. It is our rock, our constant, our provider. It teaches us, guides us, and protects us. Cradle to grave. When we reach the progressive utopia, you will never be alone because the government will always be with you, watching your every move… watching… recording… protecting.
The problem is easy to understand once laid out properly, however the solution is much more elusive. The problem is twofold: runaway government perpetuated by progressive politics.
One major lie told by progressives is that the Constitution is a living document. By living document, they mean that because culture and technology have changed since the founding, we must reinterpret the document to better suit the world in which we live. In other words, it means they can do whatever they want under this guise of progressivism. The Constitution is not a living document, however, as will be shown here. It was written with clear intent with regard to what the federal government can and can’t do. Let us examine this by studying the powers given to Congress in Article I, Section 8, of the Constitution of the United 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;
- To borrow Money on the credit of the United States;
- To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
- To establish Post Offices and post Roads;
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
- To constitute Tribunals inferior to the supreme Court;
- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
- To provide and maintain a Navy;
- To make Rules for the Government and Regulation of the land and naval Forces;
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
- To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
- 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.
The Constitution of the United States
Accordingly, Congress has passed laws concerning each of those line items. But now ask yourself, has Congress done things not contained within or directly justified by this list? Unequivocally YES. How is this justified? There are several common arguments.
Some claim that the commerce clause, which gives Congress the power to regulate interstate commerce, should give the federal government extensive power to regulate all commerce. In Wickard v. Filburn 1942, the SCOTUS ruled that the federal government could regulate intrastate commerce, even if the goods were never intended for interstate commerce. Based on this ruling, the regulatory power of the federal government was greatly expanded. Was this what the founders intended? Assuredly not.
Others claim that the phrase “promote the general welfare” found in the preamble of the Constitution justifies the overreaching actions of Congress, yet this makes no logical sense. This would essentially mean that the federal government should be all powerful as long as it makes laws in the name of “promoting the general welfare.” But then why list the powers given to Congress later if that was the case? The point of the preamble is to introduce the purpose of the system of government that follows. The powers enumerated in Article I, Section 8 of the Constitution, are the powers that are given to Congress for the purpose of promoting the general welfare.
Still others claim that the courts can simply reinterpret the Constitution and this makes it a living document. Yet this also holds no water. If this were the case, it would also mean that our government could do whatever it wanted. The purpose of the SCOTUS and the lesser courts is to interpret the law as it was intended. This does not give the courts the power to legislate from the courts, as this is not their role. Our government was founded with a system of checks and balances, and while a court can rule a law unconstitutional, it does not have the power to legislate from the courtroom.
The simple truth is, the federal government is out of control and has been for a long time. Here is a list of some programs and agencies that are clearly unconstitutional: Social Security, the Environmental Protection Agency, the Department of Education, the FDIC, the FDA, the ACA (Obamacare), Medicare, Medicaid, Food Stamps…to name a few. If you want a more exhaustive list comprised largely of unconstitutional agencies look here. The point is not whether the federal government should be doing any of these things, but whether or not the federal government has the legal power to do those things in the first place. If these agencies and programs cannot be justified by a line item within the Constitution, or within the 27 amendments to the Constitution, then they are unconstitutional. For those partisan hacks out there, you can find justification for all of these in Article I, Section 12 of the Constitution located
Keep looking. You might as well read the whole thing while you’re there.
Now, there is a mechanism built into the Constitution that allows it to adjust to changing times. This is the amendment process outlined in Article V of the Constitution. Yet progressive politicians in Washington D.C. don’t turn to this process often (never). This is the heart of the problem. You may be asking yourself, how can the government get away with this? Well, the answer is easy:
1. Progressive politicians put fellow progressives onto the courts
2. Those same legislators then pass obviously unconstitutional laws
3. The laws are challenged in the courts filled with those same progressive appointees…
4. Politicians claim that since the courts upheld their law it is Constitutional?… you get the picture
Thus the system of checks and balances has been rendered inert. Is this a one sided issue? Yes. It is the Progressive Democrats, and the Progressive Republicans vs. the only group of people have a hope of unseating them, the Tea Party. Democrats are driving off a cliff and the Republicans are arguing about the best way to get in driver’s seat so they can drive off the cliff with a different kind of style and flair.
Thus enter, the Partisan Journal. Here you will find discussion on possible solutions to this problem. Here you will find discussion on the questions that drive you mad. Here you will find political opinion (fact) and satire that will drive progressives crazy. Here we will call out the progressives from no matter which political machine they come. We are biased towards the Tea Party. We believe that bi-partisanship is usually simply an excuse to be half wrong.
The Partisan Journal. Conservative. Partisan. Proud of it.
Share and stay tuned.