Views & Opinions of SouthernPatriot
columnist: Darryl W. Perry

Topic: Constitutional Issues
Remembering the Constitution

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Constitution Day speech given by Darryl W. Perry at his Constitution Day Rally

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by Darryl W. Perry
(libertarian)
Wednesday, September 17, 2008

We gather here today to celebrate and remember the US Constitution which was unanimously accepted by the Constitutional Convention 221 years ago today.

Since that day, the Constitution was ratified and became the "Law of the land" on March 4, 1789; with George Washington becoming the first President of the United States under the Constitution of the United States of America.

On May 29, 1790 Rhode Island ratified the Constitution thus supplanting the Articles of Confederation and Perpetual Union (which required laws be passed unanimously).

During the time that States were debating the ratification of the US Constitution, a group that supported ratification known as "Federalists" wrote a series of letters now called the "Federalist Papers". Another group, which opposed ratification of the new Constitution also wrote a series of letters called the "Anti-Federalist Papers". The Anti-Federalists argued that the new Constitution would create too powerful of a central government. "It is beyond a doubt that the new federal constitution, if adopted, will in a great measure destroy, if it does not totally annihilate, the separate governments of the several states."

It did not take long before the government was abusing their power. In 1798, 4 bills known as the Alien and Sedition Acts were passed, (during the Quasi-War against France) which arguably violated the First Amendments guaranteed "Freedom of Speech". One act - the Alien Enemies Act - is still in force today, and has frequently been enforced in "wartime". The other 3 were either repealed or expired in 1802.

In recent years some of the Constitutional violations have become more blatant and more obvious. Congress has abandoned the Constitutional limits on their power as well as blatantly giving their authority to those who should not have it. Article 1 Section 1 states "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." in the last 100 years, Congress has given "legislative powers" to government bureaucracies that make "regulations" without Congressional approval. Have you ever wondered about the "Federal Regulations" the flight attendant tells you about before take-off? Was that a law passed by Congress? No! This is an FAA regulation; and they aren't the only ones, there's the CIA, FDA, FTC, SEC, FCC, NLRB, EPA, TSA, NTSB, DOT and hundreds more. It is for this reason that we MUST urge Congress to pass the "Write the Laws Act".

And since Congress has given away part of the legislative authority given to them in Article 1 Section 1, it can easily (and rightly) be assumed that they would give away or ignore other powers given to them in the Constitution. The full list of Congressional powers are found in Article 1 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;

Congress does a good job of collecting taxes; actually Congress has given this authority to the IRS; however, the taxes aren't uniform throughout the States, especially the income tax, which is arguably unconstitutional.

To borrow Money on the credit of the United States;

The Anti-federalists said ""The idea that the powers of congress in respect to revenue ought to be unlimited, because 'the circumstances which may affect the public safety are not reducible to certain determinate limits' is novel, as it relates to the government of the United States"
"Congress may mortgage any or all the revenues of the union, as a fund to loan money upon; and it is probable, in this way, they may borrow of foreign nations, a principal sum, the interest of which will be equal to the annual revenues of the country. By this means, they may create a national debt, so large, as to exceed the ability of the country ever to sink."

We currently have a nearly $10 TRILLION deficit; that we can probably NEVER pay off!

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

This is one authority that Congress has abused greatly, and the Courts have gone along with. Using the "Commerce Clause" Congress has regulated virtually everything, even "commerce" that only affects a single State.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Congress has not done a good job of establishing a "uniform Rule of Naturalization". Depending on WHERE someone is from, depends on the rules they must follow to legally immigrate to the US & then become a citizen. There are also "non-uniform laws" on bankruptcies.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

While the US Mint stills "coins money", the sale of 1 oz gold dollars was recently stopped and in 1971 President Nixon oversaw the removal of the Gold Standard. So, the value of our money is now set with a combination of exchange rates set by the International Monetary Fund and interest rates, set by the Federal Reserve (a private company). Yet another Congressional authority given away.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;
Congress has partially privatized the Postal Service, and partially given this authority away, as well.

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;

This was never intended to give Congress the authority to give your tax money to "performance artists" or your tax money for "scientific research" on the mating habits of the Japanese Salamander. This was intended to give Congress the authority to give copyrights and patents.

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;

Congress has not declared war since June 5, 1942; yet, today we have troops in 151 countries around the world, and active military campaigns in 2 separate countries, with a possibility of a third. Thanks, in part, to the War Powers Resolution of 1973.

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;

By law, Congress has virtually eliminated the State Militias, by making what used to be State Militias, part of the US Army and renaming it the National Guard. The word "militia" as used in the Constitution refers generically to the body of privately armed citizens of the several States.

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;

The district that is to be the seat of the US Government is supposed to be no more that 10 miles square, yet Washington DC is over 60 square miles. The only purpose for the US Government to purchase land from one of the States is to establish "Forts, Magazines, Arsenals, dock-yards and other needful Buildings"; this does NOT give Congress the authority to set aside land for National Forests, National Parks, Wildlife Reserves or anything else that restricts the use of the land - no matter for what "good purpose" it may be.

--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.

Some argue that this "Elastic Clause" or "Necessary and Proper Clause" gives Congress the authority to do anything it wants. However, one only need to be reminded of the words of James Madison "If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county, and parish, and pay them out of their public treasury; they may take into their hands the education of children establishing in like manner schools throughout the Union; they may assume the provision for the poor; they may undertake the regulation of all roads other than post-roads; in short, everything, from the highest object of State legislation down to the most minute object of police, would be thrown under the power of Congress." And as Thomas Woods says in "The Politically Incorrect Guide to American History"; "So far has Washington drifted from constitutional government that the question of constitutionality of legislation, which was so central to eighteenth- and nineteenth-century congressional debates, is no longer raised."

In addition to the powers given to Congress in Article 1 Section 8, Article 1 Section 9, puts further limits on the "powers" of Congress.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Writ of Habeas Corpus has been suspended on a couple of occasions, most recently during the "War on Terror" for anyone deemed an "Enemy Combatant". And this definition can be changed at any time, and with slight modification could include me and you.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

Several times the Congress has tried to impose direct taxes of income on the people, this tax was even declared unconstitutional by the Supreme Court in (1800's tax case) and the 16^th Amendment has been deemed to have NOT given Congress any additional taxing power.

No Tax or Duty shall be laid on Articles exported from any State.

There have been several attempts recently to tax products that are shipped from one State into another if purchased online; not that Congress cares, but such a tax would violate this restriction.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

Since Congress has given the power to print money to a private company in 1913, there has never been an audit of the Federal Reserve, which technically isn't a violation of this paragraph.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Article 1 Section 10 then puts limits on the States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Congress isn't the only branch of the federal government to violate the Constitution. Presidents have been doing so for nearly two centuries. In recent history, President Truman claimed that being "Commander in Chief" gave him the authority to seize all Steel mills and send troops into a foreign nation without a Congressional "Declaration of War". This is not the only Executive violation of the Constitution; other violations include the issuance of Executive Orders, which can set policy or create law without Congressional approval and the issuance of Presidential "Signing Statements" which act as a line-item veto, especially when the President says that he will not enforce certain parts of a Bill that he is signing into law.

Lastly the Supreme Court has been guilty of some Constitutional violations via questionable court rulings in which the court has essentially re-written parts of the Constitution or simply ignore Constitutional separations of power, including frequently ignoring the 9^th and 10^th Amendments.

The Anti-federalists were right that the government could potentially become too powerful.

"if a Continental collector, in the execution of his office, should invade your freedom (according to this new government, which has expressly declared itself paramount to all state laws and constitutions) the state of which you are a citizen will have no authority to afford you relief."
"...the power vested in congress of sending troops for suppressing insurrections will always enable them to stifle the first struggles of freedom."
" it is very easy to change a free government into an arbitrary one, but that it is very difficult to convert tyranny into freedom."

Let me finish with the last paragraph from Thomas Wood's book "Who killed the Constitution?": "So what, then is left of the Constitution? To be sure, our federal government has perverted beyond recognition the system that the Founding Fathers created. The chief restraint on government officials is merely their sense of what they can get away with. nonetheless, the Constitution can still serve a purpose, as it remains a useful bludgeon to employ against government power grabs. By calling attention to what the Constitution really says, we can alert the people to just how consistently and dramatically their fundamental law has been betrayed. What they do with that knowledge is up to the American people themselves to decide."

It is for this reason that we need to restore the government to it's Constitutional limits. How do we do this? There are a few things we can do; first we must Fire Congress! How do we FIRE CONGRESS? Never, NEVER, NEVER Re-elect anyone to Congress! However, simply changing players will not guarantee a return to Constitutional government; we must elect Constitutional Candidates. Luckily, this November, you have a choice; but that choice isn't a ballot listed candidate; you must write-in the name of Darryl W. Perry for US Senate.

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©2008 Darryl W. Perry, all rights reserved. You must have written permission from the author in order to republish this work.
Published: Wednesday, September 17, 2008
Last modified: Wednesday, September 17, 2008

The views expressed in this article are those of Darryl W. Perry only and do not represent the views of Nolan Chart, LLC or its affiliates. Darryl W. Perry is solely responsible for the contents of this article and is not an employee or otherwise affiliated with Nolan Chart, LLC in his/her role as a columnist.

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