One Document, Under Seige

This Time Magazine article is a frontal assault on the legitimacy and gravity of the Constitution in a news opinion article titled to alarm people over our Constitution “Under Siege.”  Time Magazine is perpetrating a “Siege” on the Constitution while warning about it at the same time.  This is a classic propaganda construct.

One Document, Under Seige

“If the Constitution was intended to limit the federal government, it sure doesn’t say so. Article I, Section 8, the longest section of the longest article of the Constitution, is a drumroll of congressional power. And it ends with the “necessary and proper” clause, which delegates to Congress the 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.” Limited government indeed.”

U.S. Constitution, Article I, Section 8

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;

  • 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 a 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, dockyards, 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.

Time Magazine’s interpretation of the Necessary and Proper Clause ignores the language that the Necessary and Proper Clause applies to “carrying into execution the foregoing [enumerated] powers.”  The Necessary and Proper Cluase is not a general grant of government power as Time Magazine, and leftists, seem to think it is. It only grants Congress limited power to pass laws to execute already enumerated powers.

“…we shouldn’t be so delicate about changing the Constitution or reinterpreting it.”

Article 5 requires 75% of the legislatures of the states to amend the Constitution.  The Founders intended it to be difficult to amend and they certainly did not intend for it to be “reinterpreted!”

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