Last Thursday we wrapped up most of Article I and the Legislative Branch and we began to touch upon Article II, which establishes the Executive Branch. Tonight we go back to Article I, to discuss Making Laws, Enumerated Powers, and Prohibitions to the Federal Government, and the States. . .
Article I:
- House of Representative holds the power of the pursestrings
- The veto was not originally used by the President to reject laws he doesn't like, as is used today, but to not allow unconstitutional bills to become law. This is why he was expected to give a written explanation as to why he vetoed the bill. He was supposed to lay down the reasoning he was using in direct relation to the constitution.
- Congress can override vetoes.
- Congress's power to lay and collect taxes is directly related to the common defense.
- The power to borrow money was specifically meant to enable Congress to raise money in the time of war. Only statist Alexander Hamilton, and his allies, believed that a perpetual national debt was a good thing.
- The Commerce Clause's use of the word "regulate" means that the federal government has the power to put in good order commerce with other nations, and interstate commerce by being a mediator when conflict over trade arises.
- A national bank printing money takes away the constitutional authority to Congress to coin money.
- The authority to establish post offices and post roads did not give the federal government the authority to establish a federal highway system.
- Congressional power to establish inferior courts gives the Congress the power to dismantle them, too.
- The power to declare war is different from the power to wage war.
- A limit was placed on congressional appropriation of funding to raise and support armies to protect the people from the federal government having a standing army that could be used against the people.
- The rules for the government and regulation of the military is by Congress, through the Uniform Code of Military Justice. The Constitution does not apply to the military.
- The militia is listed as being the force that can be called forth to execute the laws of the union, suppress insurrections and repel invasions because the founders did not want the standing army operating on American soil.
- The creation of Washington DC was for the purpose of the city being the seat of government only. It was not supposed to have a resident population.
- Federal ownership of any land requires the consent of the State legislature involved, as well as payment to the State for that property. Federal ownership of property is supposed to be for needful buildings, not conservationism.
- The elastic clause requires that only laws necessary and proper, and within the authorities granted by the Constitution, can become law. In other words, the government is not supposed to make law just because it can.
- Article I of the Constitution begins the process of the abolition of slavery in America by putting an end to the Atlantic Slave Trade.
- Immigration is specifically addressed, giving the federal government the power to prohibit certain people from immigrating into the United States, but not the power to force the States to accept a particular group of immigrants.
- Americans are ensured due process, and cannot have their right of Habeas Corpus suspended.
- Congress can pass no law that enables them to act judicially.
- Congress can pass no law that is retroactive (if your gun was legal when you bought it, they can't make it illegal and confiscate it).
- The federal government cannot enact direct taxation. Taxation must be based on the enumeration of population. The 16th Amendment targeted that concept, so that the federal government could tax directly.
- The federal government cannot implement tariffs on interstate commerce, nor can the federal government in their duties as mediator favor one State over another.
- All federal money must be properly appropriated.
- No title of nobility or preference shall be granted by the federal government. Nobody can be treated preferentially in the eyes of the law.
- States also had certain prohibitions to ensure they did not interfere with the constitutional workings of the federal government.
Last Thursday I made Lesson 09 the Executive Branch, and that was an error. The Executive Branch is Lesson 10 for a few weeks away.
Lesson 09: Legislative Authorities
Constitution Class Handout
Instructor: Douglas V. Gibbs
www.politicalpistachio.com
www.douglasvgibbs.com
www.constitutionassociation.com
Thursday Nights at 6:30
Faith Armory
41669 Winchester Rd.
Temecula, CA
Lesson 09
- Making Law
- Enumerated Powers
- Prohibitions to the Federal Government
- Prohibitions to the States
I will correct and update the Temecula Constitution Class website shortly.
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