Power
in
The Constitution
What We Will Cover:
1. The Importance of Being Educated on The Constitution
2. What is Government?
3. The Founders’ View on Power
4. The Actual Words of The Constitution in Regards to
the Proper Use and Restraint of Power
5. Modern Day Abuses of Power
6. Brief Discussion About What We Can Do About It
A Proper Diagnosis
What is the root of the problem?
James Garfield
“The people are responsible for
the character of their
Congress. If that body be
ignorant, reckless, and
corrupt, it is because the
people tolerate ignorance,
recklessness, and corruption. If
it be intelligent, brave, and
pure, it is because the people
demand these high qualities to
represent them in the national
legislature.”
Alexis De Tocqueville
“… every citizen is taught
… the history of his country,
and the leading features of
its Constitution. … it is
extremely rare to find a man
imperfectly acquainted with
all these things, and a
person wholly ignorant of
them is sort of a
phenomenon.”
“Religion in America ...
must be regarded as the
foremost of the political
institutions of that country .
. . they hold [religion] to be
indispensable to the
maintenance of republican
institutions.”
Alexis De Tocqueville
Thomas Jefferson
“On every question of
construction, [let us] carry
ourselves back to the time when
the Constitution was adopted,
recollect the spirit manifested in
the debates, and instead of
trying what meaning may be
squeezed out of the text, or
invented against it, conform to
the probable one in which it
was passed.”
“The Constitution[’s] . . .
meaning [can] be found
in the explanations of
those who advocated [it],
. . . These explanations
are preserved in the
publications of the time.”
Thomas Jefferson
The Declaration of Independence
Self-evident truths
Mankind are Created Equal
God-given, Unalienable Rights
The Purpose of Government
What is Government?
“Life, liberty, and property do not exist because men
have made laws. On the contrary, it was the fact that
life, liberty, and property existed beforehand that
caused men to make laws in the first place.”
Frederic Bastiat
“Government is not reason. It is not eloquence.
Government is force; like fire it is a dangerous
servant - and a fearful master.” George Washington
“The essence of Government is power; and power,
lodged as it must be in human hands, will ever be
liable to abuse.”
James Madison
Principles of the U.N. Charter
Self-evident truths
Mankind are Created Equal
God-given, Unalienable Rights
The Purpose of Government
Principles of the U.N. Charter
Self-evident truths
Mankind are Created Equal
God-given, Unalienable Rights
The Purpose of Government
Principles of the U.N. Charter
Man-made,
Conditional Rights
Unlimited
Government
“Rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.” Article 29 clause 3 - UN Universal Declaration of Human Rights
“In questions of power, then, let no more
be heard of confidence in man, but bind
him down from mischief by the chains of
the Constitution.”
Thomas Jefferson
“There is danger from all
men. The only maxim of a
free government ought to
be to trust no man living
with power to endanger
the public liberty.”
John Adams
“Experience hath shewn, that even under
the best forms of government those
entrusted with power have, in time, and
by slow operations, perverted it into
tyranny”
Thomas Jefferson
4 Principles Regarding Power
Principle #1 - Delegated Powers
“The power under the Constitution will always be in
the people. It is entrusted for certain defined purposes,
and for a certain limited period, to representatives of
their own choosing; and whenever it is executed
contrary to their interest, or not agreeable to their
wishes, their servants can, and undoubtedly will, be
recalled.”
George Washington
“… deriving their just powers from the consent of the
governed”
Declaration of Independence
4 Principles Regarding Power
Principle #2 - Enumeration of Powers
“The powers delegated by the proposed Constitution
to the Federal Government, are few and defined.”
James Madison, Federalist #45
“To take a single step beyond the boundaries thus
specially drawn around the powers of Congress, is to
take possession of a boundless field of power not
longer susceptible of any definition.”
Thomas Jefferson
4 Principles Regarding Power
Principle #3 – Separation of Powers
“The accumulation of all powers, legislative,
executive, and judiciary, in the same hands, whether of
one, a few, or many . . . may justly be pronounced the
very definition of tyranny. . . . the preservation of
liberty requires that the three great departments of
power should be separate and distinct.”
James Madison, Federalist #47
4 Principles Regarding Power
Principle #4 – Division of Powers
“The powers delegated by the proposed Constitution to
the Federal Government, are few and defined. Those
which are to remain in the State Governments are
numerous and indefinite. The former will be exercised
principally on external objects, as war, peace,
negociation, and foreign commerce . . . The powers
reserved to the several States will extend to all the
objects, which, in the ordinary course of affairs, concern
the lives, liberties and properties of the people; and the
internal order, improvement, and prosperity of the
State.”
James Madison, Federalist #45
“Power tends to corrupt.
Absolute power corrupts
absolutely.”
Lord Acton
Article
Section
Clause
Article I (Legislative Branch)
Section 8 (Powers Granted to Congress)
Clause 11 (To declare war)
Excuses for Unlimited Power
1. Supremacy Clause (Article VI)
2. General Welfare Clause (Article I, Sec. 8, Clause 1)
3. Necessary and Proper clause (Article I, Sec. 8, Clause 18)
aka “Elastic Clause” or “Implied Powers Clause”
4. Interstate Commerce Clause
5. Treaty Law (Article VI)
(Article I, Sec. 8, Clause 3)
Excuse #1 for Unlimited Power
Supremacy Clause, Article VI
“This Constitution, and the Laws of the United States
which shall be … [passed by Congress?] …
shall be the supreme Law of the Land”
Excuse #1 for Unlimited Power
Supremacy Clause, Article VI
“This Constitution, and the Laws of the United States
which shall be made in pursuance thereof
shall be the supreme Law of the Land”
“All laws which are repugnant to
the Constitution are null and
void.”
- Marbury vs. Madison (1803)
Excuse #2 for Unlimited Power
General Welfare Clause, Article I, Sec. 8,
clause 1
“The Congress shall have Power … to
pay the debts and provide for the common
Defence and general Welfare …”
“Nothing is more
natural nor common
than first to use a
general phrase, and then
to explain and qualify it
by a recital of
particulars.”
James Madison
Article I, Section 8 – The Enumerated Powers
1. The Congress shall have Power … to pay the debts and provide
for the common Defence and general Welfare …
General Welfare Powers
Common Defense Powers
2-Borrow money
3-Regulate Commerce
4-Establish rules of Naturalization and
laws on Bankruptcies
5-Coin money
6-Punish counterfeiting
7-Establish Post Offices and Post
Roads
8-Promote Science and useful Arts by
protecting exclusive right
9-Constitute Tribunals inferior to
Supreme Court
17-Control land for limited purposes
10-Define and punish Piracies and
Felonies
11-Declare war
12-Raise and support Armies
13-Provide and maintain a Navy
14-Make rules for land and naval
forces
15-Call forth the Militia to execute
laws, suppress Insurrections and repel
Invasions
16-Organize, arm and discipline the
Militia
“Congress has not unlimited
powers to provide for the general
welfare, but only those
specifically enumerated.”
Thomas Jefferson
“The government of the United
States can do anything not
specifically prohibited by the
Constitution.”
Attorney General
Francis Biddle
1941-1945
The Tenth Amendment of the Constitution
“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.”
“If Congress can do whatever
in their discretion can be
done by money, and will
promote the General Welfare,
the Government is no longer
a limited one”
James Madison
Excuse #3 for Unlimited Power
Necessary and Proper Clause, Article I,
Sec. 8, Clause 18
“The Congress shall have Power to …
make all Laws which shall be necessary
and proper …”
Excuse #3 for Unlimited Power
Necessary and Proper Clause, Article I,
Sec. 8, Clause 18
“The Congress shall have Power to …
make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers …”
Article I, Section 8 – The Enumerated Powers
1. The Congress shall have Power … to pay the debts and provide
for the common Defence and general Welfare …
General Welfare Powers
Common Defense Powers
2-Borrow money
3-Regulate Commerce
4-Establish rules of Naturalization and
laws on Bankruptcies
5-Coin money
6-Punish counterfeiting
7-Establish Post Offices and Post
Roads
8-Promote Science and useful Arts by
protecting exclusive right
9-Constitute Tribunals inferior to
Supreme Court
17-Control land for limited purposes
10-Define and punish Piracies and
Felonies
11-Declare war
12-Raise and support Armies
13-Provide and maintain a Navy
14-Make rules for land and naval
forces
15-Call forth the Militia to execute
laws, suppress Insurrections and repel
Invasions
16-Organize, arm and discipline the
Militia
18 - make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers
Excuse #4 for Unlimited Power
Interstate Commerce Clause, Article I,
Sec. 8, Clause 3
“The Congress shall have Power to …
regulate Commerce with foreign Nations,
and among the several States, and with
the Indian Tribes.”
“it (regulation of commerce)
must carry the same meaning
throughout the sentence, and
remain a unit, unless there be
some plain intelligible cause
which alters it.”
Chief Justice John Marshall,
Gibbons v. Ogden (1824)
“A power, then, to
impose such duties
and imposts in regard
to foreign nations and
to prevent any on the
trade between the
States was the only
power granted.”
James Monroe, 1822
Excuse #5 for Unlimited Power
Treaty Law, Article VI
“This Constitution, … and all Treaties
made, or which shall be made, _____
__________________ shall be the
supreme Law of the Land”
Excuses for Unlimited Power
Treaty Law, Article VI
“This Constitution, … and all Treaties
made, or which shall be made, under the
Authority of the United States, shall be
the supreme Law of the Land”
Reid vs. Covert (1957)
“It would be manifestly contrary to the
objectives of those who created the
Constitution, as well as those who were
responsible for the Bill of Rights - let
alone alien to our entire constitutional
history and tradition - to construe Article
VI as permitting the United States to
exercise power under an international
agreement without observing
constitutional prohibitions.”
“I say the same as to the
opinion of those who
consider the grant of the
treaty-making power as
boundless. If it is, then
we have no Constitution.”
Thomas Jefferson
“Knowledge is power.”
Sir Francis Bacon
Where is the Constitutional Power …
Where is the Constitutional Power …
•Foreign Aid?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
•Transportation?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
•Transportation?
•Energy?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
•Transportation?
•Energy?
•Wilderness Areas?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
•Transportation?
•Energy?
•Wilderness Areas?
•Wildlife?
Where is the Constitutional Power …
•Foreign Aid?
•Housing?
•Education?
•Transportation?
•Energy?
•Wilderness Areas?
•Wildlife?
•Healthcare?
“It is hardly too strong to say
that the Constitution was
made to guard the people
against the dangers of good
intentions. There are men in
all ages who mean to govern
well, but they mean to
govern. They promise to be
good masters, but they mean
to be masters.”
Daniel Webster
“Most of the major ills of the world have been caused
by well-meaning people who ignored the principle of
individual freedom, except as applied to themselves,
and who were obsessed with fanatical zeal to
improve the lot of mankind-in-the-mass through
some pet formula of their own...The harm done by
ordinary criminals murderers, gangsters, and thieves
is negligible in comparison with the agony inflicted
upon human beings by the professional "DOGOODERS", who attempt to set themselves up as
gods on earth and who would ruthlessly force their
views on all others with the abiding assurance that
the end justifies the means.”
Henry G. Weaver
They are ignoring their Constitutional duty to …
They are ignoring their Constitutional duty to …
•Declare war (Article I, Sec. 8, Clause 11)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion (Article I, Sec. 8, Clause 15)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion
•Raise armies (Article I, Sec. 8, Clause 12)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion
•Raise armies
•Coin money (Article I, Sec. 8, Clause 5)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion
•Raise armies
•Coin money
•Organize state militias (Article I, Sec. 8,
Clause 16)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion
•Raise armies
•Coin money
•Organize state militias
•Impeach judges (Article I, Sec. 3, Clause 6)
They are ignoring their Constitutional duty to …
•Declare war
•Repel invasion
•Raise armies
•Coin money
•Organize state militias
•Impeach judges
•UPHOLD THEIR OATH OF OFFICE!
Oath of Office Multiple Choice
I do solemnly swear (or affirm) that I will be
subject and subservient to the Federal Government and that I will
support and defend all laws passed by Congress, the Supreme Court,
or the President of the United States, never questioning their authority
to legislate in all matters, whatsoever.
Or
I do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and
domestic …
How do we restore the
Constitution?
“I apprehend no danger to our country from a foreign
foe . . . Our destruction, should it come at all, will be
from . . . the inattention of the people to the concerns
of their government, from their carelessness and
negligence . . . I fear that they may place too implicit
a confidence in their public servants, and fail
properly to scrutinize their conduct; that in this way
they may be made the dupes of designing men, and
become the instruments of their own undoing. Make
them intelligent, and they will be vigilant; give them
the means of detecting the wrong, and they will apply
the remedy.”
Daniel Webster
A team who …
A team who …
•Are well-trained and educated.
A team who …
•Are well-trained and educated.
•Coordinated in a focused effort.
A team who …
•Are well-trained and educated.
•Coordinated in a focused effort.
•Can effectively reach out beyond the
“choir”.
“Do you want to know
who you are?
Don’t ask.
Act!
Action will delineate
and define you.”
Thomas Jefferson
A team who …
A team who …
•Are willing to pledge their lives,
A team who …
•Are willing to pledge their lives,
•Their fortunes,
A team who …
•Are willing to pledge their lives,
•Their fortunes,
•And their sacred honor!
A team who …
•Are willing to pledge their lives,
•Their fortunes,
•And their sacred honor!
willing to be known as …
True Patriots!
“Duties are ours Results are God’s”
John Quincy Adams
There really is . . .
Power
in
The Constitution