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Is the Necessary and Proper Clause either Necessary or Proper?

I want to begin by saying that I believe the Preamble to the Declaration of Independence and the Constitution, with the Bill of Rights included, comprise the most enlightened, ennobling, and beneficial documents ever penned by the hand of man. I also believe that the Constitution afforded the United States the greatest level of freedom and opportunity ever experienced by humanity. This freedom and opportunity in turn released the talents and abilities of the American people to build the greatest nation ever to exist, rising from thirteen states exhausted and impoverished from years of war into a prosperous and powerful nation which by the end of the twentieth century stood upon the world stage as the uncontested sole superpower.

Simplicity is the essence of genius while over-simplification is the essence of fraud. In a picture perfect example of the truism “The victors write history” what we have been taught concerning the writing and ratification of the Constitution is actually a politically slanted version of the truth. This highly patrician account is also an example of over-simplification.

We are taught that the Articles of Confederation were an abject failure because they were too weak. Shay’s Rebellion scared the venerable leaders who had led and won the Revolution. George Washington and Co. came back from retirement to once again save the nation writing an “almost” divinely inspired document. There was only token dissent to the immediate acceptance of this tablet from the mount by some shadowy unknown people collectively called the “Anti-Federalists.” However after some well-written articles by future leaders called the Federalists, We the People overwhelmingly voted for ratification and the Constitution immediately ushered in the blessings of liberty and opportunity for all rescuing the United States from anarchy and stagnation. Amen.

This is a thumb-nail sketch of what our thumb-nail sketch type history education once delivered as gospel in American public schools. Today, those lucky enough to live in a school district that still includes American History are instead treated to the progressive’s litany of American crimes and debauchery. However, as our constitutionally limited government exceeds all previous limits, is either of these offerings good enough? Americans from all walks of life watch in stunned disbelief as the Federal Government on steroids swallows the economy, health care, the financial system, major manufacturing, the insurance industry, and anything else that doesn’t move fast enough to get out of the way. Can the States themselves be far behind?

How did this come about? How did a government born in the shackles provided by a written constitution designed to limit its power swell into the all-powerful OZ?

Quite simply it was through the deception of the Progressives evolving our Constitution from a rock-solid framework limited to what it actually said to a living document that is constantly being re-interpreted. Thus without amendment, without debate, without a vote our leaders have nudged us from land of liberty to the centrally-planned surveillance state which today sends the IRS after their enemies, leaves our borders open, our opportunities closed, and our sons and daughters manning hundreds of garrisons around the world.

One of the key tools in this century long quest to transform America has been the use of the so-called elastic clauses in the Constitution. One major clause used to accomplish this is found in Article I, Section 8, Clause 18 which states, “The Congress shall have Power 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.”

There are several ways to look at this clause and its meaning. First we need to look at what is called “Original Intent,” or what those who wrote the clause meant. Then we will look at what those who ratified the Constitution thought it meant. Finally we will look at how the Progressives interpret and re-interpret their favorite clause.

The necessary and proper clause was added to the Constitution by the Committee of Detail with no debate. Nor was it the subject of any debate during the remainder of the Convention. The reason why this clause was neither attacked nor defended during the Convention becomes clear from the statements of the Framers during the ratification process. James Wilson, one of the most eloquent defenders of the Constitution, a signer of the Constitution, and one of the first justices of the Supreme Court, said that this clause gave the federal government no more or other powers than those already enumerated in Section 8 of Article I and that “It is saying no more than that the powers we have already particularly given, shall be effectually carried into execution.” The Framers felt as if the clause was merely saying that which had been delegated could be used.

During the ratification debates this clause was a hot topic. Brutus proclaimed that through the Necessary and Proper Clause “This government is to possess absolute and uncontrollable power, legislative and judicial, with respect to every object to which it extends…” the debate raged back and forth between the Federalists and the Anti-Federalists in newspapers, pamphlets, and on the floor of the ratification conventions. Eventually the Federalists won the day and the Constitution was ratified. The result? The interpretation of this clause that was generally accepted by the ratification conventions was that it added no new or expandable powers to the federal government.

Since the New Deal era, Progressives have argued that the Necessary and Proper Clause expands the powers of the federal government to any it deems necessary and proper. In other words the federal government has all the power necessary to do whatever they want about anything they want. The executive department has been using this clause to grab power since Hamilton used it to found the First bank of the United States in 1791. The Supreme Court has been stretching this clause since they ruled in Mcculloch v. Maryland, 17 U.S. 316 (1819) to give themselves the power of judicial review. This expansionist interpretation has been upheld by the Supreme Court on numerous occasions and is today the accepted opinion amongst the political-media-corporate establishment.

It is my belief that if we have a better understanding of where we came from and how we got here that we would have a better understanding of where we are. If we understand where we are perhaps we will see the way to get back to where we wanted to go when we started: back to a limited government of the people, by the people and for the people.

Knowing how a simple clause meant to say that what had been delegated could be used has evolved into near totalitarian power shows us that just as the present use of the Necessary and Proper Clause is neither necessary nor proper.  And thus a government of the people, for the people and by the people has been hijacked and become something else.

No matter what we have been taught, no matter even what the reality was the reality is that the Constitution replaced the Articles of Confederation as the supreme law of the land. The announced purpose of the Constitution’s writing and adoption was to provide a limited government which respected both the rights of the States and the people. Since this was the stated and accepted purpose of the Constitution after two centuries and several decades can We the People deny any longer that it has failed?

Failing and failure are two different things. Everyone who has ever succeeded has failed. It is falling forward from that failure which ultimately brings success. If the Constitution has failed what do we do now? Where’s the reset button.

Dr. Owens teaches History, Political Science, and Religion.  He is the Historian of the Future @ http://drrobertowens.com © 2013 Robert R. Owens drrobertowens@hotmail.com  Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens

 

Iron Curtain begins Descending onto the United States of America

– Sher Zieve
As Barack Hussein Obama’s real (internal) poll numbers continue to plummet into oblivion, Obama and his increasingly complicit Congress secretly pass laws that will enslave, incarcerate and even murder their fellow Americans—for the explicit purpose of those who are currently in power remaining in power. It is now becoming clearer and clearer that both the Marxist-Democrats and their RINO brothers and sisters may not allow the 2012 elections to occur.The latest anti-liberty and unconstitutional atrocities include but, are not limited to, some of the following items:

1. DHS still lists Christians, anti-abortionists, homeschoolers, libertarians, conservatives and military rank and file as terrorists. Note: Islamists are still not included on the list

2. Christian preachers are now being arrested, and often beaten up, by police. A few preachers who have been arrested include two Houston pastors who were arrested for (legally) preaching against homosexuality on the same corner for the past two years. One of the police officers told them that they were ‘doing nothing wrong’. That was just before the cops grabbed their video camera, forced them to the ground, placed them in handcuffs and took them to the station. The charges against them are unclear but, appear to include preaching a message the Houston cops didn‘t like. However, WND reports: “Their hearing will be in Houston Municipal Court, which is run by [lesbian] Barbara E. Hartle, who, according to the Dallas Voice, is listed by the Gay and Lesbian Victory Fund as “one of only a few out members of the Texas judiciary.” WND also reports that Pastor Michael Marcavage, founder of the evangelistic Repent America ministry, was placed on the FBI’s terrorist watch list for “nonviolent religious speech which government officials perceive as [merely] controversial.” Controversial? Being controversial is now a crime? In another incident, Pastor Rives Grogan and his 11-year-old son were illegally arrested for preaching against abortion in a public (and allowed) free-speech zone.
3. The most recent and titanic infringement on the rights of ALL US citizens is a bill (National Defense Authorization Act-NDAA). Although Section 1032 subsection (b) (1) and (2) of S 1867 (passed in secret and behind closed doors) states that US Citizens and legal resident aliens are not subject to military incarceration, US Senators (including now self-outed Marxist Senators John McCain and Lindsey Graham) are gleefully interpreting Section 1031 to include ALL US citizens being subject to “Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.” In other words, we may now experience what those recently nationwide refurbished FEMA camps look like. This is no longer conspiracy theory, folks. Senators Carl Levin (D-MI), John McCain (R-AX) and Lindsey Graham (R-SC) amongst many others have now not only threatened all of us with arrest but, are threatening the very foundations of what used to be OUR country. The masks have come off of our elected officials and most of them now resemble either Josef Stalin or Adolph Hitler.

Every totalitarian government starts out in almost the identical way. First, it begins with some sort of political correctness indoctrination, then it begins taking away liberties a little at a time, then it explains that it can make decisions (including your money) for you better than you can. It decides that it can not only indoctrinate your children better but, can raise them better that you. Vladimir Ilyich Lenin said: “Give me four years to teach the children and the seed I have sown will never be uprooted.”

The next to final step of all of these brutal and repressive governments is to make scapegoats of law-abiding citizens and raise up the lawbreakers as “acceptable.” Note: The TEA Party vs. OWS comparison comes readily to mind.

The final step is the incarceration and, ultimate, genocide of those who oppose their own enslavement. We now stand in the beginning of the final phase-solution of the existence of the United States of America. The Executive and Legislative branches of our government are now consistently operating outside of US law and have firmly become the enemy of We-the-People. You may not want to hear this. The truth often cuts deeply. The government has moved beyond rogue and has now entered the complete and final Dictatorial Tyranny stage. Will you stand and fight or will you lie down and die? The choice is still yours…but, not for much longer.

The Iron Curtain has now almost fully descended onto the borders of the United States of America.

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security

“We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.”—The unanimous Declaration [of Independence] of the thirteen united States of America

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