What It Says, What It Doesn’t Say
By William Bailey (08/28/03)
Hundreds of thousands of words, thousands of column inches and untold hours of air time have, in recent days, been devoted to the situation in Alabama. This issue has to do with Alabama Supreme Court Chief Justice Roy Moore and the “Decalogue” containing the Ten Commandments that continues to reside in the Alabama Department of Justice Building. The views, so far expressed, have covered every possible side of the political, ideological and philosophical spectrum. While I have a concern and an interest in that issue, my concern is from a different perspective.
Even before the ludicrous, “What is ‘is’ ?” comment, There were those among us who spent large amounts of time telling us what the Founding Fathers meant when they drafted the Constitution of the United States. Quite frankly, I don’t require anyone to interpret and/or analyze the statements of Alexander Hamilton, James Madison, Benjamin Franklin, et al. There are, literally, volumes of papers and quotations from the aforementioned clearly showing their intent and their vision for this new nation called America. And, it goes without saying, that since none of the aforementioned people are available for further dialogue, we must rely on the historical evidence of what they had to say. And before anybody has to take two extra blood pressure pills while claiming that I have a “closed” mind, let me assure you that I will listen to what anybody has to say. However, if I’m willing to listen to “you”, then you should reciprocate and, at least, try to understand my position. It is my responsibility . . . it is incumbent upon me as both an individual and as an American to then make my own decision. Okay, now that we’ve got that out of the way . . .
I mentioned earlier that my concern is from a different perspective. Simply stated (one more time) that perspective focuses on the continuing and ever-present attacks on the Constitution of the United States. While there are those outside this nation who seek to destroy us, the attacks that really bother me are those coming from within. Certain Executive Orders, Legislative Acts and Judicial Review all contribute to the undermining of the foundations built by the Constitution. So, all branches . . . all political parties must “step up” and take their share of the blame. It seems that the prevailing attitude is that you don’t have to worry about what the Constitution says (or doesn’t say), if it fits a desired (and sometimes) hidden agenda, go ahead and do it. Sorry . . . that dog won’t hunt ! Oaths are taken to “support and defend the Constitution of the United States against ALL enemies, foreign and domestic”. When one takes off on a course to deliberately circumvent the Constitution, they have violated that oath and, as such, are in direct breach of the “contract” made with the American people.
Okay . . . enough generality. Let’s get down to “What it says and what it doesn’t say”. Of course the “it” refers to the Constitution.
Since it is the “hot” topic of the time, what does the First Amendment say ? Have you read it lately ? I mean really read the words. Here’s what it says:
“Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof;”
As best I can determine (and I have looked, exhaustively), Congress has passed no laws in an effort to establish a religion nor have any such laws been passed that would seem to prohibit the free exercise thereof. If Congress is the body specifically precluded by the Constitution from passing such laws and if, in fact, Congress has not passed any laws dealing with either establishment or prohibition as defined in the First Amendment, then where is the Constitutional issue ?
If one takes the time to read and research the debates, the Federalist Papers, quotations from the Founders, it becomes crystal clear that, in forming this Republic (it’s not a Democracy), the intent was never to have a strong central government. The intent was for a central/Federal government with limited powers. This intent can be no more clearly identified than in the words chosen to specify the powers of the Congress in Article I, Section 8, Clauses 1-18.
Again, take the time to read . . . carefully read . . . what the Constitution has to say about the powers of Congress. You might be surprised to find that the Federal government is in areas of daily activity for which it has no authorization.
There are those who say that Clause 18 (commonly referred to as the “necessary and proper clause”) insures that Congress has “implied” powers beyond those specifically granted by the Constitution. This whole “can of worms” got made more complex when, in 1816, Congress incorporated the Bank of the United States (an action for which there was no specific authority). When this action was challenged, the Courts upheld the action of the Congress. The “opening of the door” for the Federal government to get into areas where it was never intended they would and/or should be.
The Founders went on to clarify their intent with the inclusion of the Tenth Amendment. Again, how long since you read it ? Here’s what it says:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
The vision of the Founders was such that it was realized that there would be a need to make changes to the Constitution. However, in order to prevent “willy-nilly”, frivolous changes, a purposeful (and difficult to achieve) amending process was provided requiring a two-thirds vote in both houses of Congress combined with ratification by three-fourths of the states. To amend the Constitution is not an easy process as is evidenced by the fact that, since its implementation, there have only been twenty-seven amendments adopted and approved by the people of the United States; the twenty-seventh having been approved in 1992.
What all of this comes down to is an ever increasing concern that as government in this nation becomes more centralized and powerful at the Federal level, the more attacks we will see on the Constitution of the United States . . . from within. If this continues on its present path, we just might wake up one day and find that what started this beautiful, dynamic journey of liberty and freedom, the Constitution, has been fatally assaulted. I hope and pray that never happens.
But . . . it sure bothers me !
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