We have a Constitution, not to assert and to define and to provide warring factions over who has the right to do this or what right you have to speak this or bear that or any of these other things. We have a Constitution to define the limits under which a federal government may unite 50 states together in certain endeavors.
Under this thing called a Constitution – this is Constitution for Dummies here. Little yellow books that you buy? You know. Gardening for Dummies, Homework for Dummies, whatever. Constitution for Dummies here. I’m trying to give you ammo so that you can explain it to people that you know are stupid. I mean, so stupid their heads hurt; okay? So that’s why we have a Constitution. It’s not for rights, not for any – it is to define a system of government under which 50 states can act together in some matters as a more perfect union. That’s what it’s there for. So the Constitution is a limitation on what that government may do to the people residing in the states. To carry forth the goal of the Constitution it was the determination of the men that wrote it that we would break the power structure up into three branches: legislative, executive, and judicial.
Legislature, if you read Article I, Section 1 – all legislative powers herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representin’. That’s how you define the legislature. Senate and House of Representin’. Executive is defined as a President. President gets to make appointments with the advise and consent of the Senate. He may appoint cabinet members to discharge the duties that he is charged with, which are enforcing the laws. The executive enforces the laws. The judiciary determines in certain instances whether or not Congress may have overstepped its boundaries. If it has, then the judiciary’s job is to strike that statute down. Strike it down. Congress’s statutes, not the states, Congress’s. The Supreme Court was never intended to have a damn thing to say about issues of the states, only issues between the states and foreign lands.
So that is the structure: legislative, executive, judicial. Legislative is Congress and the Senate. Executive is the presidency. And the judicial is the Supreme Court and, as the Constitution calls them, inferior tribunals which may be constituted under law written by Congress. We know them as federal judges.
So this is the way this is set up. Now, to further define what Congress may or may not do, the men that wrote the Constitution said, well, how are we going to limit its powers? This is dangerous to create this central authority. It is frighteningly dangerous to create this central authority. Didn’t we just escape a central authority from the King and from Parliament? Yeah, we sure did, guys. Well, how are we going to limit this thing?
Well, in our document here we’re going to have this thing called Article I,
Section 8. And in this Article here we’re going to define what this Congress may do to carry out its legislative authority or to carry out its legislative duties. Again, the goal not being to establish rights, to provide anything, for certain individuals to favor one state or another, one individual over another, to give you the right to bear this or speak that or not to be cruelly or unusually punished, none of that stuff. Those enumerations in Article I, Section 8 define what the Congress may do. That’s it. It is a very explicit list. I believe there are 18 enumerations in there. And when those are carried out, then those are supreme acts of the law of the land.
So let me explain the Supremacy Clause for Dummies. The only time a federal law is supreme is if it is enumerated. In other words, if Congress has the authority to coin money, and it does, and it coins the money, which it used to, then the congress’s coined money is the supreme law of the land. It supersedes the ability of the states to not honor that currency. States can still coin money, should they choose. But they may not not honor that currency. It is the supreme currency of the land, just to give you an example. Okay. So we have enumerated powers. If it’s not an enumerated power, then Congress may not do it. Are we all clear on that?
Where oh where would you find the creation of the Environmental Protection Agency under the guidelines that I just set up for how the Constitution created and brought to life the federal government? Where?
No where, ITS NOT IN THERE!!
Well, it’s not – not only is it not in the Constitution, the Environmental Protection Agency was created by an act of the President in 1972. That would have been Richard Nixon. Nixon, under pressure from a bunch of tree-hugging wackos who were scared to death that the Earth was coming to an end because of this thing called “Silent Spring,” this incident in upstate New York, decided, wait, we’ve got to transfer some more liberty. We’ve got take some more liberty away from the people and transfer it to the central authority here in Washington. We’ll create this thing called the EPA. And we’ll give them dominion over all the air and all the water.
Now, there is a clause in the Constitution that Congress may pass acts regulating the use of navigable waters. Let me ask you a question. Is the ditch in front of your house a navigable water? Well, I suppose if you’ve got a little fishing boat, one of those little model boats? Know what I’m talking about, remote control-powered boats that you put in the bathtub? I suppose that it’s a navigable waterway there. I’m being facetious to make a point, that ever since the beginning of the implementation of this thing called the Constitution, there have been assaults against everything that was reserved to the states. I’m trying – let me make the final thing as clear as I possibly can, the final statement on this. The reason there were enumerated powers, ladies and gentlemen – pay very rapt, close attention to this. The reason there were enumerated powers, powers granted to the new federal government, which didn’t exist prior to 1789, that it may execute and that it may make law on and that it was to reign supreme on, the reason that those powers were enumerated is because it was understood by the ratifying states, the eight states that ratified in 1788 or so, that everything that was not enumerated in that document was reserved to the states. Everything. No matter what it was.
And the only way you could get around that enumeration was how?
Amendment, that’s right.
Has there been an amendment to the Constitution to allow the regulation of exhaling carbon dioxide? No?
Has there been anything that has ever been said, written, or implied about the Constitution and about the enumerated powers that would lead you to believe that that power was ever transferred to Congress? I’m speaking of Congress here. I’m not even talking about the EPA. Well, then how is it, here in 2010, that an agency that was unconstitutionally created to execute what in my opinion are unconstitutional laws, which is not to say that environmental regulation can’t be carried out by the states because it should be, and it is their purview, is now standing on the precipice of being able to micromanage and regulate every facet of our lives. And in direct defiance, the 53 people that voted to not assert their authority over EPA yesterday, in my humble opinion, they’re not treasonous, and they’re not traitorous, they are seditious, and they are in violation of their oath of office. They refused to carry out the oath of office to protect and defend the Constitution.
So go ahead mr president, congress of the united states, and all you federal judges....keep destroying my country and my constitution, and my countries great history...constitutional scholar(obama)my ass!
To restore and uphold the sovereignty and rights of the individual States as guaranteed by the tenth amendment of the United States Constitution, which states, "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."
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