Restoring Constitutional Govt With the Enumerated Powers Act
The conclusion has become unavoidable that Congress considers itself above the Constitution, that it doesn’t have to abide by the limits placed on government by the U.S. Constitution, that it can just ignore the highest law of our nation at will and whim.
But the Heritage Foundation says this contempt for our Constitution isn’t going unnoticed:
Reversing that delusion is the goal of the Enumerated Powers Act (H.R. 450, S. 1319), introduced by Representative John Shadegg (R-AZ) and Senator Tom Coburn (R-OK).
The Act would require all legislation introduced in Congress to contain a concise explanation of the constitutional authority empowering Congress to enact it.[2] Failure to comply would make a bill subject to a point of order, a procedural device to delay consideration until the problem is corrected or the objection overruled.
This simple requirement would empower those few Members of Congress willing to stand up and call attention to Congress’s routine disregard of the Constitution’s division of powers, especially its limitations on federal power. No wonder, then, that the proposal, introduced each session by Shadegg since 1995, has gone precisely nowhere.
Though the Act could not guarantee the constitutionality of legislation, it would have a significant effect on Congress. Most clearly, when invoked it would shift debate to fundamental questions of the rule of law. There is an educational value to this exercise that stands to attract additional Members, over time, to the “constitutional caucus.”
Most importantly, requiring legislation to state the basis of its authority would reveal the hollow ness of the constitutional doctrine underlying so much congressional action. Every bill would be an opportunity for Americans to think seriously about our constitutional order, the wisdom of its design, and the consequences of departing from its strictures.
Article 1 Section 8 of the U.S. Constitution clearly enumerates and defines what the federal government can do; if it is not listed here, the government cannot legally do it. The Tenth Amendment to the Constitution also states
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.
The reality that our federal government was designed–and by law can only be–a limited government could not be more clear. It is only through the dereliction of duty of our elected representatives, and the passive acquiescence of a disengaged “we the people”, that our government has been allowed to wander so far out of its legal boundaries.
A bill so badly needed like the Enumerated Powers Act has always been a long shot in the arrogant, elitist climate that is Washington D.C., and more so than ever with the liberals now fully in charge of the government.
But a new tide is turning in America, one that could finally shake up and wake up even the contemptuous politicians in Washington.
Like never before in my lifetime, Americans are waking up to the threat posed to liberty and prosperity when the Constitution is ignored. People are starting to realize in large numbers that remaining silent while our Constitution is ignored has become an ominous and impending threat to the very heart of our freedom and livelihood.
If the Tea Parties continue to grow–and there is every indication they are–then we may just be able to force many of these Constitutional usurpers out of office in the next couple of elections. Any remaining after that may just get the message, get with the program, and go along with efforts such as this to restore our government to legal, Constitutional boundaries.
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