Hacker News new | ask | show | jobs
by lbo 5155 days ago
> Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

This clearly states that the powers must be explicitly vested by the Constitution. They can't be made up out of thin air. The state governments != the Government of the United States nor are they Departments or Officers thereof. This passage clearly requires that all federal powers be explicitly granted in the Constitution, though they need not only come from Article 1. Either I'm ignorant of some amendment that grants the powers you're talking about (like the power to have an FDA) or you inadequately understand the meaning of the phrase "vested by". At the end of the day, all of this stuff is stuffed under "regulate interstate commerce" and it's clearly a bastardization of both the word and spirit of the law. If you want broader federal powers, you must amend the constitution, period, and congress has deceitfully snaked its way out of that over and over thanks to the "legislation from the bench" at the Supreme Court that has backed them up at the expense of our constitution's integrity.

Additionally, if you want to learn about all of the ways the FBI has broken the law throughout its existence, I'm talking about stuff outside of any conceivable constitutional allowance, I highly recommend reading this recent book on its history (http://www.amazon.com/Enemies-History-FBI-Tim-Weiner/dp/1400...)

2 comments

This passage clearly requires that all federal powers be explicitly granted in the Constitution, though they need not only come from Article 1.

Yup. The federal power I'm talking about is in article II, section 3, the power of the President to "faithfully execute" the law. Federal police is normally understood to be "necessary and proper" w.r.t. this, just as local police is an agent of execution for local law.

Right- powers can be added by amendment, for instance the power to levy an income tax as an example. (which shows the "you have to pay your taxes" swipe for what it is.)

I'd be satisfied with a quote from any of the enumerated powers or any of the amendments or anywhere else in the constitution, that explicitly grants the powers in question.

I think their real issue is that they don't understand the constitution because they have never read it, or they were taught that it allows unlimited power, or they want it to allow unlimited power.

I miscalculated that thinking a thread were we have an example of abuse of powers not granted in the enumerated clause would get them to see that.