Thursday, August 1, 2019

US Constitution Violations


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)
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


No comments: