April 4, 2010
NewsWithViews.com
In my last article for NewsWithViews, “Is State Sovereignty Dead,” I brought up the case of McCulloch V. Maryland where I stated the following:
“But where we went astray, in my opinion, was based on Chief Justice Marshalls opinion in McCulloch V. Maryland (1819) in which he stated: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.” From this point on many politicians have gleaned onto Justice Marshall’s declaration that those things which are not prohibited and therefore constitutional.” (Emphasis in original)
After submitting that article I came across an interview between Judge Napolitano and Congressman James Clyburn, the 3rd highest democrat in the House of Representatives, in which Congressman Clyburn when asked about the constitutionality of healthcare stated that most of what they do in Congress is not authorized by the Constitution and when pressed further he countered the question by asking where in the Constitution congress is prohibited to legislate healthcare.
It is interesting that once the idea that lawyers could get laws passed by using Justice Marshalls “not prohibited” they have decided that they are no long bound by the Constitution but only by their imaginations and the spin they can put on their agendas to make them palatable to the American public. After all they still want to get reelected so they have to make it sound like they are legally doing what they are doing so why not tie it to a Supreme Court case.
I find it amazing that a high ranking political official could make the bold statement that the majority of the work of Congress is not authorized by the Constitution and not one mention on main stream media; but let one unpopular vote on American Idol or Dancing with the Stars and it is splashed over very tabloid and television screen.
But it does answer one question that many may have had as to why Speaker Nancy Pelosi would laugh and croak “are you serious” when asked what part of the Constitution gave Congress the power to enact this legislation – and as Representative Clyburn revealed they don’t care about the Constitution because it is no longer relevant in their work.
So what is the use of having Congressmen swear and oath to protect and defend a Constitution if they admittedly do not feel or act bound by that Constitution? Thomas Jefferson stated: “In questions of power, then, let no more be heard of confidence of man, but bind him down from mischief by the chains of the Constitution.” We have seen time and time again that man’s lust for power and fame have pushed the very fabric of our society to brink of collapse and degradation and at no time more than we see today do we need to bind our leaders to the chains of the Constitution that they have to date destroyed.
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