The Uniform Enumerated Powers Act

Where do the three branches of our United States Government draw their lawmaking authority from; the authority to propose, to vote on, to pass, to veto or to deliver decisions upon? It is from the people’s document, The United States Constitution.

A more targeting question would be this:

“Where did the Senate draw its authority to pass the ‘No Child Left Behind’ act?”  This is a specific law which affects all Americans. A law which burdens the individual States of the Union with unrealistic and unachievable mandates, goals and quotas for the education of our children.

This power was never granted to the Senate, nor to any branch of the US Government for that matter, in the document which enumerates each individual power granted to each of the three branches of government. The document written specifically to create the framework to build, and then set the boundaries to bind, a new federal  government. An entity which given an opportunity,  had the potential of becoming  akin to the tyranny the young country  had just thrown off in its war for independence.  From where in this powerful document was this authority derived? Where is this authority enumerated in the Constitution, which had created a form of government for the people. They need to tell us by what authority they burden the American People with program after program, tax after tax, war after war…

MAKE THEM CITE WHERE THEY GET THE POWER FROM!!!

The Uniform Enumerated Powers Act is a piece of model legislation which can be downloaded from the Tenth Amendment Center (TAC) and customized for your state.  Working with fellow freedom and liberty minded organizations and individuals; those who understand how the Republic was created within the bounds of the US Constitution, campaigns can be initiated to spread understanding of how the Federal Government has progressively chipped away at our inalienable rights, our freedoms and our liberties, and those of the individual states. By proposing and passing unconstitutional law after unconstitutional law, they have  incrementally burdened the American people with bigger government,  higher taxes,  failing fiat currency, and daily attacks laser targeting the rights granted to the people and the states by the first ten amendments to the Constitution, The Bill Of Rights.

More and more restrictions and regulations. More and more wasteful expenditure of American sweat.

"Law" photo courtesy of Jeroen van Oostrom

"Law" photo courtesy of Jeroen van Oostrom

The model legislation below seeks to require our elected officials to cite in all legislation, the article and section of the Constitution where they have derived the authority to legislate from:

A BILL

To require the federal government to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

SECTION 1. LEGISLATIVE FINDINGS

The legislature of the State of [STATE] finds that,

1. The People of the Several States by virtue of their mutual compact created the federal government, as documented in the United States Constitution;

2. The People of the Several States set forth in the Constitution those powers which the several States delegated to the federal government;

3. The legislative powers which the the People of the Several States delegated to the federal government are set forth in the Constitution of the United States;

4. By virtue of the Tenth Amendment to the Constitution set forth in the Bill of Rights, the People of the Several States reserved to themselves, and to the People, all powers which were neither specifically delegated to the federal government in the Constitution nor expressly prohibited to the States therein;

5. Article V of the Constitution sets forth an express mechanism for proposing and approving amendments to the Constitution should powers not originally delegated by the People of the Several States to the federal government in the Constitution be deemed needful;

6. Under VI of the Constitution, the Constitution itself, and only those laws enacted by the federal government in pursuance of the Constitution under the powers actually delegated to it by the People of the Several States under the Constitution, are the supreme law of the land;

7. The federal government has assumed various powers not delegated to it by the People of the Several States according to the plain meaning of the language in the Constitution which delegates such powers;

8. The federal government, in reliance on the so-called commerce clause, general welfare clause and/or necessary and proper clause of the Constitution, exercises virtually unlimited power over all aspects of the lives of the People of the Several States, rendering meaningless the enumeration of limited powers which the People of the Several States delegated to the federal government;

9. The Tenth Amendment to the Constitution expressly provides:

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.

SECTION 2. NEW LAW, SHORT TITLE.

This Act may be cited as the ‘Uniform Enumerated Powers Act’.

Sec. 102a. Constitutional authority clause

Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. If Congress shall fail or refuse to comply with this section, such Act, or any portion of such Act, shall be unauthoritative, void, and of no effect in the State of [STATE].

Sec. 102b. Concise and definite statement

The concise and definite statement of constitutional authority shall contain, at a minimum, the Article, Section and subsection or clause of the Constitution relied upon for the enactment of each portion of a federal Act.

When relying upon any interpretation of a delegated power that is not within the plain meaning and original intent of the words setting forth the delegated power, Congress shall provide a concise statement of the interpretation of such power from the minutes and records of the Constitutional Convention and/or the various ratifying conventions of the several states.

For purposes of this Act, any reliance upon the authority of the so-called “Commerce Clause”, “Necessary and Proper Clause” or “General Welfare Clause” shall be deemed not within the plain meaning of the words setting forth the delegated power.

SECTION 3.

This act takes effect upon approval by the Governor.

Advertisements

Leave a comment

Filed under Bill of Rights, Constitution, Federalist / Antifederalist, Freedom, Government, Liberty, The Tenth Amendment, Tyranny

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s