Anyone that has talked to me about politics, or possibly even from reading my blogs have realized that I have a grievance with the federal government and their ability to do “whatever they want”. Unlike many people, I have read, and reread the Constitution and believe that I have a basic understanding of the government laid forth by it. Many people know it as the founding document of this government, as do I, but somewhere in the 200 years we have moved away from its restrictions, only keeping what is convenient at the time and throwing the rest out the window. It’s easy to show how the government strayed away from the Constitution, but it is extremely difficult to reverse the change that has been made.
This inability to change is caused by our Federal Judicial system and legal system used in this county. The United States uses a legal system called ‘common law’ which means that not only the written words of the law make a law, but also previous court cases pertaining to the law. So if a court defined something as ‘a’, and then another court later defined it as ‘b’, then in an appeal, or higher court, the second courts definition could be found not fitting to the law because of a previous courts decision. Now this makes law extremely complicated because not only do you have to read the individual laws, but also the different cases on those laws, of which some might say slightly different things. But this also applies to the Constitution because the Federal Court system has a great many courts that all make decisions on the Constitution. With all these different decisions power has been lost by the Constitution and given to the different branches of government.
Now that I have slightly explained that, let me dive into different parts of the Constitution that the Federal Government is overstepping or ignoring.
“Article 1 Section 1: All legislative power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” The first line after the Preamble and I already find a problem?!? Well while it is not ‘legislating’ as defined by the courts, it carries the same weight to businesses and people in this country. And that is Executive Orders and Regulation. While these are basically the same let me explain. Firstly if the Founding Fathers wanted the Executive Branch to have legislative power, they would have made it the President of Congress, and not had the Speaker or President of the Senate. But the Regulatory agencies, that fall under the Executive Branch of government, make regulations that carry the same penalties as laws from Congress could. These people, who are appointed by the President, then voted on by the Senate, are more just as ‘powerful’ as Congress, and these agencies can make decisions on their own, though the President can direct them not to.
“Article 1 Section 8: … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;” This might not be so obvious, but my biggest ‘grievance’ with the Federal government pertains to this clause. This is saying that Congress has the right to regulate trading and sales from foreign Nations, interstate sales and trading, and trading or sales with Indian Tribes. This power expanded and the government used another clause, with this clause to regulate intrastate commerce. So therefore the 18th amendment should have been found unconstitutional based on this clause.
“Article 1 Section 8: … To Declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;” This is a very simple point to make if anyone has watched any news ever. Only Congress can declare War! In the recent past we have spent billions if not trillions of dollars on ‘wars’ in the middle east, yet congress never signed a Declaration of War. In fact, the last Declaration of War that was signed was in 1942.
“Article 2 Section 2” This section lays out all of the duties of the President of the United States. Most of this section is just simple appointment procedures of any ‘Officer’ in the executive Departments. Most of the overstepping of the Federal Government that I outlined under ‘Article 1 Section 1’ applies to this as well. It says nothing here about the different departments laying regulations or any other “Elective Legislating”(I should coin this term).
“Article 3 Section 3: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” With the introduction of the espionage act in 1917 and subsequent amendments to it. ‘Title 18’ is a grave overstepping of this part of the Constitution. Title 18 basically charges someone with treason if they release secret government documents to the public, not just slipping them to the Enemy. With how this clause is written, Title 18 makes it sound like everyone is the enemy to the government.
This next one is not a government overstep, but simply a government flaw
“Article 2 Section 1 Clause 3” This is a very long clause that I will not type out and bore you with, but it pertains to the Election of the President and Vice-President. While it was changed by the Twelfth Amendment, I believe that this system could be very useful and could produce good results.
Thank you for reading, and as you can see, I have not looked at any of the amendments. That is because I could go on for another while with the overstepping of the amendments. And the amendments contain another different amount of issues which will be expressed at another time. Please check back for another part of this blog in the near future. If you believe I missed anything, or believe I am wrong on some of these, feel free to comment below(its your first amendment right). Thank you, and have a wonderful day.