Issues In The News This page was last modified: November 09 2014 15:38:28.

U S Constitution Book

The U S Constitution - Here is what it says
by Don Thayer
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Should Congress Defund Obamacare?

Immigration Legislation - Aug 28, 2014 - by Don Thayer

The President is charged with enforcing the laws, he has no power to modify them. He can not issue executive orders describing how to enforce the laws, he can simply enforce them as written.

"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." - U S Constitution, Article 1, Section 1

And specifically regarding the enumerated powers...

"To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;" - U S Constitution, Article 1, Section 8, Clause 4

And specific to the Presidency - the Oath of Office.

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."U S Constitution, Article 2, Section 1, Clause 8

The authority of the US Constitution - July 21, 2014 - by Don Thayer

The US Constitution is not a set of guidelines, it is written law.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" - U S Constitution, Article 6, Clause 2

It's time to amend the Constitution - July 21, 2014 - by Don Thayer

Other than an amendment regarding Congressional pay increases, the Constitution hasn't been changed since 1971. Too much recent legislation has been justified based on "common sense", or passed with a minimum majority. Is it time to force compromise by requiring a 60% vote for passage? At a time when professional politicians are serving 30-40 years, is it time to force term limits?

Presidential Recess Appointments - July 2, 2014 - by Don Thayer

Yes, Obama can make recess Appointments:

"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." - U S Constitution, Article 2, Section 2, Clause 3

But... he doesn't have authority to claim a recess is in effect:

"Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting." - U S Constitution, Article 1, Section 5, Clause 4

Recess is decided by agreement between the House and the Senate.

The NSA's Overreach - June 12, 2014 - by Don Thayer

No, The NSA can not track our phone calls, emails, and internet usage. These actions are "unreasonable searches" - based on no "probable cause" or search warrant.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " 4th Amendment of the Bill of Rights

U S Government Powers - Sept 1, 2013

Put simply, the U. S. Government has very limited powers. Originally the U. S. Constitution allowed the government broad powers due to ambiguity - "to pay the Debts and provide for the common Defence and general Welfare of the United States". To provide for the general welfare of the United States allows the government to pass any legislation it wants.

Gun Rights - July 4, 2013

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." 2nd Amendment of the Bill of Rights

This is the only statement in the U S Constitution about guns. Neither Federal, State, nor local laws overwrite it.

The Affordable Care Act - April 10, 2013

The Affordable Care Act is another issue of the limits to Federal power - only the states have the power to enact healthcare legislation.

Article 1, Section 8 delegates specific powers to the U. S. Government, universal healthcare is not included. The 10th Amendment limits federal authority to only those powers "delegated to the United States by the Constitution, nor prohibited by it to the States".