Tuesday, March 01, 2016

The "commerce clause" fallacy....

   The perversion by the federal government of the "commerce" clause in the Constitution, in order to "regulate" arms in the  hands of We The People. Is nothing more than a direct usurpation of authority. For they are exercising "power" that was not only never delegated, but was expressly denied. Consider the clause that reads:
   "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 laws that the United States government are Constitutionally permitted to make. Must fall within the scope of those delegated "powers", and can extend no further. Especially when those 'laws' are enacted in direct violation of the Constitution.

   Let's clarify the enumerated Constitutional "powers" that were delegated to congress:

   The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

   To borrow money on the credit of the United States;

   To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

   To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

   To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

   To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

   To establish Post Offices and Post Roads;

   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;

   To constitute Tribunals inferior to the supreme Court;

   To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

   To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

   To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

   To provide and maintain a Navy;

   To make Rules for the Government and Regulation of the land and naval Forces;

   To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

   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;

   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

   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.

Section 9

   The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

   The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

   No Bill of Attainder or ex post facto Law shall be passed.

   No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

   No Tax or Duty shall be laid on Articles exported from any State.

   No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

   No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

   No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

Section 10
   No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

   No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

   No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
   Does anyone see that the federal government was ever delegated any "authority" or "power" over arms in the hands of We The People? No, you most certainly do not. And the "militia" ploy has already been exploded in a number of U.S. court decisions in the last few years. Despite the fact that the preamble to the Bill of Rights had done it over two centuries ago:
   The Preamble to The Bill of Rights

    Congress of the United States
    begun and held at the City of New-York, on
    Wednesday the fourth of March, one thousand seven hundred and eighty nine.

       THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further DECLARATORY and RESTRICTIVE clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

       RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

       ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution….

    …Amendment II

    DECLARATORY clause; [Common Defense - Which congress had been delegated limited authority and power over]

    A well regulated militia being necessary to the security of a free state,

    RESTRICTIVE clause; [Self-Defense - Which congress was expressly denied any 'authority' or 'power' over.]

    the Right of the People to Keep and Bear Arms shall NOT be infringed.
   Congress has falsely utilized the "commerce" clause in order to justify their current and past infringements. And this, despite the FACT that the use of one delegated "power" cannot be utilized in order to circumvent, undermine, or infringe any enumerated right secured by the Constitution.

   Nor can Congress expand or usurp "powers" that were never delegated, or that were reserved - whether expressly or not. They were intended to be CONFINED by the plain language of our Constitution. So that any infraction of that supreme instrument would be readily noticed and easily dismissed into oblivion.

   The fact that the courts have failed to address this most fundamental of Constitutional FACTS. Only proves that we either have an incredibly ignorant and inept judicial system. Or, that the courts have been knowingly acting in collusion with the tyrannical usurpers. In either event, this perversion must cease and desist immediately.

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