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Powers Not Delegated

January 8, 2011

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Reserved to the States

ViewfromBippus takes a swerve this morning, away from free seeds and energy conservation, to look at the Tenth Amendment.  HUH?  Yeah, that is right, what is written as “Amendment X” of the Bill of Rights, the last of the ten original amendments to the Constitution for the United States of America.

and that “for” is doggone important:

OK, dear reader please pull out your copy of the constitution, open to the preamble (that part above Article I where it starts out “We the People…)  Now paying very close attention the the last phrase, we see it says   “…and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.

The “for” is doggone important because it establishes for whom the rules apply.  The rules were created by the 13 original states, a union of states, united in representing We, the People and the fed-gov will behave in the following manner.  Here are the rules for the federal government, and We, the People consent to them, We delegate this authority.

Delegation from Us to them

OK, dear reader, now please page forward to Amendment X, towards the back of the document.  In my copy (the complementary one from Hillsdale College) #10 amendment is on page 33.  (Hey, you in the back! Where is YOUR copy?  Oh, you don’t?  Google up Hillsdale College and get you some)

I read ” 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” in the English that was common and popular in the 1780’s.  In the vernacular of the 20-tens (2010,2011) I would like to reword that somewhat, just to try to add value.  Here goes:

The powers (that being *just* powers derived from the consent of the governed) not delegated to the federal government are reserved to the States, or the people.  The powers (again only the *just* ones) not prohibited the States, also are reserved to the States, or to the people.  Remember, in this great document that the People were writing down the powers that they were *delegating* to the Union, otherwise to be known as the federal leviathon government.  Ok, question? Yes, you in the back, go ahead. What? Speak up, man!  The question was- Why is this important?

All *just* power is delegated, with consent

All of the power of the U.S.Congress is written in the *rule book* under Article I Section 8, and that is all that We, the People give our consent for.  Section 8 (page 15 in my book) starts out “The Congress shall have the Power To…”  and then there is a list of all the *stuff* that Congress has authority over.  I will give you a couple minutes, read through that part. borrow money, regulate Commerce with foreign Nations, coin Money, blah, blah, blah, declare War, blah, blah. OK. Got it?  Now I am warming up to the million dollar question (in 1960’s dollars)…

The Million Dollar Question:

Which phrase in there covers the authority to mandate health care insurance for every soul in America?  Who said “necessary and proper”?   OK, let’s read all of that necessary and proper phrase…I quote “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitutionin the Government of the United States, or in any Department or Officer thereof.”  So that is only for the foregoing Powers, they just can’t make up their own, in a law, unless they have the foregoing Power, meaning the Power delegated to them in the previous phrases.  I just don’t see any authority for the U.S. Congress to legislate *Obamacare*.

So, now we go back to page 33 (in my book) and we re-read Amendment X, and we get to the gist of it.  *Obamamamacare* is a Power that is reserved to the States, or to the People.  There is no authority afforded the U.S. Congress to do Obamacare.   That Power is just not delegated to them.  They cannot make it up.  We do not consent to it.  The state we live in could write such a law, but not the federal government.  So where does that leave us?

Well, we need to have a little sit-down with our state representatives to talk about this.  And the keywords will be:





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