The US Congress has
violated its own Constitution by inserting the federal government into
functions that the Constitution says belong to the States according to the 10th
Amendment. The US Constitution limits the federal government from seizing
private property.
Article I, Section 8, Clause 17 limits federal land ownership.
17: To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles
square) as may, by Cession of particular States, and the Acceptance of Congress, become the
Seat of the Government of the United States, and to exercise like Authority
over all Places purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings
Section 8
limits the federal government to its “enumerated powers”
Article 5 requires the use of amendments to change the US Constitution
Article V (Article 5 - Mode of Amendment)
Article 5 requires the use of amendments to change the US Constitution
Article V (Article 5 - Mode of Amendment)
1: The Congress shall have
Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and
provide for the common Defense and general Welfare of the
United States; but
all Duties, Imposts and Excises shall be uniform
throughout the United States;
2: To borrow Money on the
credit of the United States;
3: To regulate Commerce with
foreign Nations, and among the several States, and with the Indian Tribes;
4: To establish a uniform
Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
5: To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard of Weights and
Measures;
6: To provide for the
Punishment of counterfeiting the Securities and current Coin of the United
States;
7: To establish Post Offices
and post Roads;
8: To promote the Progress of
Science and useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries;
9: To constitute Tribunals
inferior to the Supreme Court;
10: To define and punish
Piracies and Felonies committed on the high Seas,
and Offences against the Law of Nations;
11: To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
12: To raise and support
Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
13: To provide and maintain a
Navy;
14: To make Rules for the
Government and Regulation of the land and naval Forces;
15: To provide for calling
forth the Militia to execute the Laws of the Union, suppress Insurrections and
repel Invasions;
16: To provide for organizing,
arming, and disciplining, the Militia, and for governing such Part of them as
may be employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of training
the Militia according to the discipline prescribed by Congress;
17: To exercise exclusive
Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress, become the Seat of the
Government of the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the Same
shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings;—And
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.
The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the
Legislatures of two thirds of the several States, shall call a
Convention for proposing Amendments, which, in either Case, shall be valid to
all Intents and Purposes, as Part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by
Conventions in three fourths thereof, as the one or
the other Mode of Ratification may be proposed by the Congress; Provided that
no Amendment which may be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of
the first Article; and that no State, without its Consent, shall be
deprived of its equal Suffrage in the Senate.
No
Amendment was ratified by the States to allow the Federal Government to seize
land from the States to establish National Parks. Congress violated Section 1, Section 8 and
Article 5 to create Yellowstone National Park in 1872. The Amendment needs to be written, submitted
and ratified. If it is not, the federal
government needs to return 30% of the US land mass back to the States.
No Amendments were
ratified by the States to allow the Federal Government to add functions beyond
its enumerated powers. Congress violated Section 8 and Article 5 by adding its
many unconstitutional departments, agencies and programs to federal control
including education, healthcare, pensions, labor and others. If Congress wants to keep any of these
functions, it must submit Amendments to the “enumerated powers” to the States
for ratification.
The Supreme Court
failed to flag these violations and should meet to fix this error. Congress
should consider filing other Amendments to privatize the post office and
transfer responsibility for infrastructure to the States. Congress should also
privatize all mortgage and consumer lending.
States, counties and
cities now compete with each other and should be expected to pay for their own
infrastructure. Federal Grants to States should be reduced and eliminated.
Norb Leahy, Dunwoody
GA Tea Party Leader
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