Pages

May 31, 2012

Enumerated Powers - Education

Where, constitutionally, is the federal government granted the power to regulate, or otherwise influence, education?

May 30, 2012

Federal Powers - Environment

Where in the US Constitution is the federal government granted the power to regulate emissions, pollution, or any other environmental concern?  Mind you, I have no doubt that these things need be concerns of all of us.  However, I do not see where this power is not left to the states, or the people.  Please discuss.

Enumerated Powers Revival

I have done a shameful job of writing this year.  I hope to turn it around with some questions.  Everyday (or as close as possible) I am going to pose a question about the power granted the Federal Government by the US Constitution.  I am not a lawyer, nor much of a constitutional scholar.  Therefore, these are not rhetorical questions, and I hope to receive answers in the comments.  I do not expect to find an answer like "interstate commerce" as an answer in and of itself to be acceptable, however.  I hope to advance some dialog this way, and bring OGF back to life.  I hope readers will find the discussion interesting.  Below are the Articles of the CONUS most often cited as the enumerated powers of Congress:


Article I, Section. 8. 


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. 


Article IV, Section 3


 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. 
 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. 


Amendment XVI 
(Ratified February 3, 1913.) 


The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.