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[Phillip Rhodes <mindcrime AT cpphacker.co.uk>]

Some of you may have heard the claim - from me,
from somebody else, whoever - that almost
everything that the Federal Government
does is unconstitutional. You may also
have thought to yourself "Yeah, right. Crazy, wacko
Libertarians.. Sheeesh."

So, please allow me a moment of your time
and I'll prove this assertion.

First, go to the text of the United
States Constitution. Here's an online copy
if you don't have a printed copy handy:

http://www.house.gov/Constitution/Constitution.html

Now, find Article I, Section 8, clauses 1-18.

What you'll see is that the Constitution
carefully enumerates exactly 18 powers
that Congress has.  Since only Congress
can make laws, this section lays out the
only "things" the Federal government
can legally do.

Now, at this point some of you are screaming
"Ooooh, wait, wait.. You forgot about the
'necessary and proper clause!!!!'"

Well, no, I didn't actually.  The problem
is, those of you screaming that haven't read
the whole thing.  Let's look at it right now:

Clause 18: 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.

Now, what we see is that Congress can make all
laws that are necessary and proper; but ONLY for
"carrying into execution the foregoing powers."

Ok, I know.. again, you're screaming "But wait,
what about were it says "and all other Powers vested by this 
Constitution in the Government of the United States, or in any 
Department or Officer thereof."  The kicker is, no other
powers are granted to the government anywhere else in
the Constitution. In fact, the word "powers" only
appears 4 times total (not counting amendments).

Now you'll probably say, "but wait... you're mis-interpreting
that part... surely Congress can do more than 18 things?"

Well no.  And the Founders made that perfect clear in
three other places.

See Section I, Article 9, clauses 1-8.
This is a list of certain things that Congress particularly
cannot do.

Also, see the 9th and 10th Amendements, respectively:

Article [IX.]
The enumeration in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people.

Article [X.]
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.


These establish clearly that Congress has only the
powers delegated to it, and nothing else.

So, if the Founders intended for Congress to be able to grant itself
new powers under the necessary and proper clause, why were they
so careful to enumerate exactly what Congress could and could
not do, and why include the 9th and 10th Amendments?

No, the truth is, Congress can do exactly the 18 things
listed in Article I, Section 8, and nothing else.  Anything
else is unconstitutional, and illegal.


Just a little something to think about...


TTYL,

Phil
--
Don't blame me, I voted for Badnarik

Free America - Vote Libertarian
www.lp.org