Saturday, February 02, 2013

Joseph Story: Federal Issues the Powers of the General Government, Local Issues the Powers of the Local Governments

"Another not unimportant consideration is, that the powers of the general government will be, and indeed must be, principally employed upon external objects, such as war, peace, negotiations with foreign powers, and foreign commerce. In its internal operations it can touch but few objects, except to introduce regulations beneficial to the commerce, intercourse, and other relations, between the states, and to lay taxes for the common good. The powers of the states, on the other hand, extend to all objects, which, in the ordinary course of affairs, concern the lives, and liberties, and property of the people, and the internal order, improvement, and prosperity of the state." --Joseph Story, Commentaries on the Constitution, 1833

By Douglas V. Gibbs

The first reason in the Preamble for the creation of the federal government through the writing of the United States Constitution is, "In order to form a more perfect union."  The powers expressly granted to the federal government are those powers necessary for protecting, preserving, and promoting the union.  The framers of the Constitution did not desire, however, for the States to lose their individual sovereignty, so the authorities of the federal government are not only for a more perfect union, but to protect and preserve State sovereignty, as well.  Without State sovereignty, the central government will have no checks against it as it grows towards becoming a tyranny.  State sovereignty stops the federal government from micro-managing our lives, if we take the responsible steps necessary to keep our States under control, handle our local affairs, and hold the federal government accountable for any actions it takes.  Through our States we can nullify unconstitutional laws, and through our vote we can ensure the right people are in office that will maintain the American System as it was given to us.

We have fallen down on the job.

With freedom comes responsibility.

In the classes I teach on the Constitution, one of my favorite sayings is that the Constitution is nothing more than ink and paper if we don't fight for it.  Our rights are not something the government gives to us, but something we inherently have because we were created by God.  Those that reside on the left side of the political spectrum seems to think that rights are something the government grants, and must guarantee, so any special interest group, of they want to have their way, must only get the government to proclaim that their agenda is a right, and that it must be guaranteed by the government.

Our rights, our freedom, and State sovereignty are all inherent, but that does not mean they can't be taken away from us.  Those who consider themselves to be members of the ruling elite can't stand individualism, because any action outside of the uniform control by a ruling group, they believe, causes chaos.  We must all be equal, in everything, including the end result of our labors.  They don't believe in the pursuit of happiness.  They believe in a government guarantee of happiness, whether you like it or not.  Or as Jean Jacques Rousseau use to say, the people need to be "forced to be free."

Freedom accompanies choice, but that does not mean anarchy.  I have the choice to eat what I want.  If I become obese, that is my own fault - if I don't like my obesity.  Some would say they don't suffer from obesity. . . they are enjoying every minute of it.  As a member of society my obesity may hinder my ability to perform, get a better job, move up in society, or whatever. Those are the consequences of my choice to become obese.  Those consequences may not happen, either, because other decisions I make in my life will also influence my path of the pursuit of happiness.  I may succeed in my endeavors, or I may fail. If I fail, I may decide that my obesity was a part of that, and decide to lose weight, buy nice clothes, go get my hair styled, or whatever.  My choice.

Big Government has decided that obesity cannot be tolerated, because no matter what, it will make you fail, as well as make you go to the doctor more with obesity-related illnesses, which puts a strain on society's health care system. Therefore, you shall not be allowed to become obese. To accomplish those ends, for the good of the community, of course, the size of your soda will be regulated, trans-fats will be disallowed, and so forth. Eventually, in the name of the common good, because this is what growing government does, they will eventually be dictating to you your entire menu schedule, mandate so many minutes a day of exercise, and perhaps even begin random urinalysis' to make sure you haven't been eating any contraband foods.

Does that sound like freedom?  And since when is that kind of micro-managing of our lives a federal authority?

Obamacare is moving the federal government in that direction, yet Joseph Story's quite accurate quote says that the federal government has no business micro-managing our lives.  The federal government's job is external objects, outside the States, and outside of our immediate, individual lives.

If, however, you let your local government start doing ridiculous stuff like what I listed above, that is your own damn fault.  Get involved, and stop them from doing it.  Fight against it, or put up and shut up, or move to a State that more agrees with your philosophies of freedom.

Funny how everything always comes back to the people.

We have become complacent.  Be involved, learn your Constitution, and fight the good fight.  That is true freedom.

-- Political Pistachio Conservative News and Commentary




Constitution Radio with Douglas V. Gibbs airs on Saturdays at 2:00 pm on KCAA 1050 AM

Constitution Classes in Temecula every Thursday Night at 6:00 pm at: Faith Armory, 27498 Enterprise Cir. W., Temecula California.

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