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Power in The Constitution. 1.The Importance of Being Educated on The Constitution 2.What is Government? 3.The Founders’ View on Power 4.The Actual Words.

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Presentation on theme: "Power in The Constitution. 1.The Importance of Being Educated on The Constitution 2.What is Government? 3.The Founders’ View on Power 4.The Actual Words."— Presentation transcript:

1 Power in The Constitution

2 1.The Importance of Being Educated on The Constitution 2.What is Government? 3.The Founders’ View on Power 4.The Actual Words of The Constitution in Regards to the Proper Use and Restraint of Power 5.Modern Day Abuses of Power 6.Brief Discussion About What We Can Do About It What We Will Cover:

3 A Proper Diagnosis What is the root of the problem?

4 “The people are responsible for the character of their Congress. If that body be ignorant, reckless, and corrupt, it is because the people tolerate ignorance, recklessness, and corruption. If it be intelligent, brave, and pure, it is because the people demand these high qualities to represent them in the national legislature.” James Garfield

5 “… every citizen is taught … the history of his country, and the leading features of its Constitution. … it is extremely rare to find a man imperfectly acquainted with all these things, and a person wholly ignorant of them is sort of a phenomenon.” Alexis De Tocqueville

6 “Religion in America... must be regarded as the foremost of the political institutions of that country... they hold [religion] to be indispensable to the maintenance of republican institutions.” Alexis De Tocqueville

7 “On every question of construction, [let us] carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” Thomas Jefferson

8 “The Constitution[’s]... meaning [can] be found in the explanations of those who advocated [it],... These explanations are preserved in the publications of the time.”

9 The Declaration of Independence Self-evident truths Mankind are Created Equal God-given, Unalienable Rights The Purpose of Government

10 What is Government? “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” Frederic Bastiat “Government is not reason. It is not eloquence. Government is force; like fire it is a dangerous servant - and a fearful master.” George Washington “The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.” James Madison “

11 Principles of the U.N. Charter Self-evident truths Mankind are Created Equal God-given, Unalienable Rights The Purpose of Government

12 Principles of the U.N. Charter Self-evident truths Mankind are Created Equal God-given, Unalienable Rights The Purpose of Government

13 Principles of the U.N. Charter “Rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.” Article 29 clause 3 - UN Universal Declaration of Human Rights Man-made, Conditional Rights Unlimited Government

14 “In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” Thomas Jefferson

15 “There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.” John Adams

16 “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny” Thomas Jefferson

17 4 Principles Regarding Power Principle #1 - Delegated Powers “The power under the Constitution will always be in the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can, and undoubtedly will, be recalled.” George Washington “… deriving their just powers from the consent of the governed” Declaration of Independence

18 “The powers delegated by the proposed Constitution to the Federal Government, are few and defined.” James Madison, Federalist #45 4 Principles Regarding Power Principle #2 - Enumeration of Powers “To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power not longer susceptible of any definition.” Thomas Jefferson

19 Principle #3 – Separation of Powers “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many... may justly be pronounced the very definition of tyranny.... the preservation of liberty requires that the three great departments of power should be separate and distinct.” James Madison, Federalist #47 4 Principles Regarding Power

20 Principle #4 – Division of Powers “The powers delegated by the proposed Constitution to the Federal Government, are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negociation, and foreign commerce... The powers reserved to the several States will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement, and prosperity of the State.” James Madison, Federalist #45 4 Principles Regarding Power

21 “Power tends to corrupt. Absolute power corrupts absolutely.” Lord Acton

22 Article Clause Section

23 Article I (Legislative Branch) Clause 11 (To declare war) Section 8 (Powers Granted to Congress)

24 1. Supremacy Clause (Article VI) 2. General Welfare Clause (Article I, Sec. 8, Clause 1) 3. Necessary and Proper clause (Article I, Sec. 8, Clause 18) aka “Elastic Clause” or “Implied Powers Clause” 4. Interstate Commerce Clause (Article I, Sec. 8, Clause 3) 5. Treaty Law (Article VI) Excuses for Unlimited Power

25 “This Constitution, and the Laws of the United States which shall be … [passed by Congress?] … shall be the supreme Law of the Land” Excuse #1 for Unlimited Power Supremacy Clause, Article VI

26 Excuse #1 for Unlimited Power Supremacy Clause, Article VI “This Constitution, and the Laws of the United States which shall be made in pursuance thereof shall be the supreme Law of the Land”

27 “All laws which are repugnant to the Constitution are null and void.” - Marbury vs. Madison (1803)

28 General Welfare Clause, Article I, Sec. 8, clause 1 “The Congress shall have Power … to pay the debts and provide for the common Defence and general Welfare …” Excuse #2 for Unlimited Power

29 “Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.” James Madison

30 Article I, Section 8 – The Enumerated Powers General Welfare Powers 2-Borrow money 3-Regulate Commerce 4-Establish rules of Naturalization and laws on Bankruptcies 5-Coin money 6-Punish counterfeiting 7-Establish Post Offices and Post Roads 8-Promote Science and useful Arts by protecting exclusive right 9-Constitute Tribunals inferior to Supreme Court 17-Control land for limited purposes Common Defense Powers 10-Define and punish Piracies and Felonies 11-Declare war 12-Raise and support Armies 13-Provide and maintain a Navy 14-Make rules for land and naval forces 15-Call forth the Militia to execute laws, suppress Insurrections and repel Invasions 16-Organize, arm and discipline the Militia 1. The Congress shall have Power … to pay the debts and provide for the common Defence and general Welfare …

31 “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.” Thomas Jefferson

32 “The government of the United States can do anything not specifically prohibited by the Constitution.” Attorney General Francis Biddle

33 The Tenth Amendment of the Constitution “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.”

34 “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one” James Madison

35 Necessary and Proper Clause, Article I, Sec. 8, Clause 18 Excuse #3 for Unlimited Power “The Congress shall have Power to … make all Laws which shall be necessary and proper …”

36 Excuse #3 for Unlimited Power “The Congress shall have Power to … make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers …” Necessary and Proper Clause, Article I, Sec. 8, Clause 18

37 Article I, Section 8 – The Enumerated Powers General Welfare Powers 2-Borrow money 3-Regulate Commerce 4-Establish rules of Naturalization and laws on Bankruptcies 5-Coin money 6-Punish counterfeiting 7-Establish Post Offices and Post Roads 8-Promote Science and useful Arts by protecting exclusive right 9-Constitute Tribunals inferior to Supreme Court 17-Control land for limited purposes Common Defense Powers 10-Define and punish Piracies and Felonies 11-Declare war 12-Raise and support Armies 13-Provide and maintain a Navy 14-Make rules for land and naval forces 15-Call forth the Militia to execute laws, suppress Insurrections and repel Invasions 16-Organize, arm and discipline the Militia 1. The Congress shall have Power … to pay the debts and provide for the common Defence and general Welfare … 18 - make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers

38 Interstate Commerce Clause, Article I, Sec. 8, Clause 3 Excuse #4 for Unlimited Power “The Congress shall have Power to … regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

39 “it (regulation of commerce) must carry the same meaning throughout the sentence, and remain a unit, unless there be some plain intelligible cause which alters it.” Chief Justice John Marshall, Gibbons v. Ogden (1824)

40 “A power, then, to impose such duties and imposts in regard to foreign nations and to prevent any on the trade between the States was the only power granted.” James Monroe, 1822

41 Treaty Law, Article VI Excuse #5 for Unlimited Power “This Constitution, … and all Treaties made, or which shall be made, _____ __________________ shall be the supreme Law of the Land”

42 Treaty Law, Article VI Excuses for Unlimited Power “This Constitution, … and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land”

43 “It would be manifestly contrary to the objectives of those who created the Constitution, as well as those who were responsible for the Bill of Rights - let alone alien to our entire constitutional history and tradition - to construe Article VI as permitting the United States to exercise power under an international agreement without observing constitutional prohibitions.” Reid vs. Covert (1957)

44 “I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no Constitution.” Thomas Jefferson

45 “Knowledge is power.” Sir Francis Bacon

46 Where is the Constitutional Power …

47 Foreign Aid? Where is the Constitutional Power …

48 Foreign Aid? Housing? Where is the Constitutional Power …

49 Foreign Aid? Housing? Education? Where is the Constitutional Power …

50 Foreign Aid? Housing? Education? Transportation? Where is the Constitutional Power …

51 Foreign Aid? Housing? Education? Transportation? Energy? Where is the Constitutional Power …

52 Foreign Aid? Housing? Education? Transportation? Energy? Wilderness Areas? Where is the Constitutional Power …

53 Foreign Aid? Housing? Education? Transportation? Energy? Wilderness Areas? Wildlife? Where is the Constitutional Power …

54 Foreign Aid? Housing? Education? Transportation? Energy? Wilderness Areas? Wildlife? Healthcare? Where is the Constitutional Power …

55 “It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.” Daniel Webster

56 “Most of the major ills of the world have been caused by well-meaning people who ignored the principle of individual freedom, except as applied to themselves, and who were obsessed with fanatical zeal to improve the lot of mankind-in-the-mass through some pet formula of their own...The harm done by ordinary criminals murderers, gangsters, and thieves is negligible in comparison with the agony inflicted upon human beings by the professional "DO- GOODERS", who attempt to set themselves up as gods on earth and who would ruthlessly force their views on all others with the abiding assurance that the end justifies the means.” Henry G. Weaver

57 They are ignoring their Constitutional duty to …

58 Declare war (Article I, Sec. 8, Clause 11) They are ignoring their Constitutional duty to …

59 Declare war Repel invasion (Article I, Sec. 8, Clause 15) They are ignoring their Constitutional duty to …

60 Declare war Repel invasion Raise armies (Article I, Sec. 8, Clause 12) They are ignoring their Constitutional duty to …

61 Declare war Repel invasion Raise armies Coin money (Article I, Sec. 8, Clause 5) They are ignoring their Constitutional duty to …

62 Declare war Repel invasion Raise armies Coin money Organize state militias (Article I, Sec. 8, Clause 16) They are ignoring their Constitutional duty to …

63 Declare war Repel invasion Raise armies Coin money Organize state militias Impeach judges (Article I, Sec. 3, Clause 6) They are ignoring their Constitutional duty to …

64 Declare war Repel invasion Raise armies Coin money Organize state militias Impeach judges UPHOLD THEIR OATH OF OFFICE! They are ignoring their Constitutional duty to …

65 Oath of Office Multiple Choice I do solemnly swear (or affirm) that I will be subject and subservient to the Federal Government and that I will support and defend all laws passed by Congress, the Supreme Court, or the President of the United States, never questioning their authority to legislate in all matters, whatsoever. Or I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic …

66 How do we restore the Constitution?

67 “I apprehend no danger to our country from a foreign foe... Our destruction, should it come at all, will be from... the inattention of the people to the concerns of their government, from their carelessness and negligence... I fear that they may place too implicit a confidence in their public servants, and fail properly to scrutinize their conduct; that in this way they may be made the dupes of designing men, and become the instruments of their own undoing. Make them intelligent, and they will be vigilant; give them the means of detecting the wrong, and they will apply the remedy.” Daniel Webster

68 A team who …

69 Are well-trained and educated. A team who …

70 Are well-trained and educated. Coordinated in a focused effort. A team who …

71 Are well-trained and educated. Coordinated in a focused effort. Can effectively reach out beyond the “choir”. A team who …

72 “Do you want to know who you are? Don’t ask. Act! Action will delineate and define you.” Thomas Jefferson

73 A team who …

74 Are willing to pledge their lives, A team who …

75 Are willing to pledge their lives, Their fortunes, A team who …

76 Are willing to pledge their lives, Their fortunes, And their sacred honor! A team who …

77 Are willing to pledge their lives, Their fortunes, And their sacred honor! willing to be known as … A team who …

78 True Patriots!

79 “Duties are ours - Results are God’s” John Quincy Adams

80 Power in The Constitution There really is...


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