Rep. Shadegg's Great Idea
By Marshall Manson Posted in Congress — Comments (18) / Email this page » / Leave a comment »
Rep. John Shadegg yesterday introduced what he calls "The Enumerated Powers Act." (It's H.R. 1359, though the full text isn't yet in Thomas as of this writing.)
The Act "would require Members of Congress to include an explicit statement of Constitutional authority into each bill that is introduced. It would hold Congress accountable for its actions," said Shadegg in a press release.
Read on . . .
In an era when Congress routinely ignores the Constitution, Congressman Shadegg's bill is dramatic step in the right direction. If nothing else, it might remind Congress that the Consitution is a limiting document -- a blueprint that puts strict boundaries on the federal government's power and authority to interfere with our lives. It would also be a vital tool to aid federal courts deliberating the constitutionality of a particular enactment.
I'm not holding out a lot of hope for passage -- it's failed in previous Congresses. But maybe, just maybe, it can help remind people like us that it's OUR government, and that government's power comes from us. Not the other way around.
Cross posted at On Tap.
However, accusations (from the floor of the House) that the President is about to "create a Gulf of Tonkin-type incident" as a pretext to lie his way into "launching a full-scale nuclear attack on Iran" tend to overshadow that solid constitutional conservatism with the appearance of absolute lunacy.
That's not the only "constituional position" that makes people think that Ron Paul is crazy.
that Bush and the neocons who influence/advise him might create such an incident. You may think it unlikely or even implausible, but that hardly Ron Paul an "absolute lunatic." We would be a far freer, more secure, more prosperous country with more men like Ron Paul in Congress.
For a true advocate of individual freedom and strictly limited, constitutional government, Ron Paul hasn't been "good on some things," he's been great on nearly everything.
Impossible? No. But then, what truly is impossible?
There are those who look on Dresden and Tokyo and Hiroshima as some of the greatest evils ever perpetrated by man. I look on them and thank the perpetrators for saving millions.
Uhh...I don't know if we'd necessarily be more prosperous the rate at which Ron Paul votes against free trade agreements. To give him credit, though, the free trade agreements might be more than offset by how low he would set the tax rate. LOL. It'd probably be like 1% or something.
Imagine how fast our economy would grow with a 1% tax rate. We would probably be able to sustain 10% to 15% GDP growth per year under a 1% tax rate.
...a long habit of not thinking a thing wrong, gives it a superficial appearance of being right...
---Thomas Paine---
"The emerging American economy." :-)
The New York Times would be irate that there was no one left on welfare because everyone had a job.
Until then, Paul needs to start voting for free trade agreements!!!
Actually, Shadegg has introduced this kind of legislation every term since his first in 1995, prior to Ron Paul returning to the U.S. House. I searched legislation back when Paul was in the House the first time, and saw no legislation of the sort. I think this is Shadegg's own baby... kudos to him!
Grassroots Girl
...a long habit of not thinking a thing wrong, gives it a superficial appearance of being right...
---Thomas Paine---
The Constitutional authority needs to be stated if a law is challenged in Court anyway. Congress will just explicitly state that every law is authorized by the Commerce Clause. The law will have no effect until the Supreme Court changes its Commerce Clause jurisprudence.
When I wrote my law review article on the Protection of Lawful Commerce in Arms Act, I compared it four similar statutes that each provided qualified immunity to various industries or activities. In each case, the Congressional findings which were used to justify the legislation had at least one finding that it had an effect on interstate commerce. Other findings related to other powers enumerated to Congress including the Spending Clause.
The same is true when Congress appropriates money; they will make a Congressional finding that the activity the money is being appropriated for relates to the “General Welfare.” What exactly constitutes the "General Welfare" has always been a matter for the democratically elected members of the legislative branch and not the courts to decide*. The courts have from almost the founding of our nation given great deference to Congress’ findings and consistently held that both the Commerce Power and Spending Power are plenary so long as it can make some finding to support it, I don’t see any practical benefit to Shadegg’s legislation.
If anything gimmicks like this are harmful because while conservatives are being distracted by bills that have little practical effect, we’re not focusing on doing thing that would make a real practical difference. IMO the elected members of Congress are doing passing legislation and appropriating money because they believe that in general it is what their constituents want. Until that changes and people see their self-interest more aligned with limited government than with some form of the Nanny State, nothing is going to change for the better.
* Ironically enough, many of the same conservatives who worry about the courts usurping the role of the legislative branch on issues like abortion and marriage are pretty liberal about wanting the courts to usurp the role of the legislature by second-guessing its powers under the Commerce and Spending Clause.
I'm not a South Park Republican, I'm a King of the Hill libertarian.
Long, long ago when I was a federal bureaucrat for a brief and unhappy period in my life, the drill was like this; any memo in which you made some finding or determination, those words have meaning in the federal world, began with something like this: Pursuant to the authority conferred upon me by nn CFR nnn, I have determined ...
If it's good enough for the bureaucrats, why not the Congress?
In Vino Veritas
rarely do anything more than create temporary amusement.
One of the elements of the Gramm-Rudman-Hollings Deficit Reduction Act was that every piece of spending had to identify dollar-for-dollar offsets. Worked real well, eh?
"A man can never have too much red wine, too many books, or too much ammunition." -- Rudyard Kipling
...a long habit of not thinking a thing wrong, gives it a superficial appearance of being right...
---Thomas Paine---
that many federal "laws" that some of you support have ZERO constitutional authorization, either. Like the statutes that criminalize the possession or distribution of drugs.
And the prescription-drug "entitlement" that our "conservative" President pushed through, with the votes of many Republicans who could give a damn about the Constitution.
And the No-Child-Left-Behind Act and other federal interference in education.
The Shadegg proposal is an excellent idea. If passed and followed, it would properly be a source of great embarrassment for statists on both sides of the aisle.
that conservatives support ANY of those laws? Have you actually spent any time reading postings on this site on ANY of those subjects?
I think you may be in for a shock if you actually read any articles and the replies on those topics.
I for one, would like to scrap the lot of them and also a few dozen more leftovers from the "New Deal" and "War on Poverty" eras.
Socialism doesn't work. It looks nice on paper, but it's been tried and it's failed miserably every time (usually accompanied by widespread death and suffering).
Proud member of the V.R.W.C.
You are confusing real conservatives with "Republicans". Most of us are Republicans, but there are more than enough moderate to liberal Republicans to pass the bills you listed. Everything you listed is an unconstitutional farce.
You sound like a libertarian that doesn't like conservatives too well :)

It is a great idea. But it was not originally Shadegg's. I'm pretty sure Ron Paul (R-TX) has been pushing this for a long time. Of course like so many things, Paul was all alone pushing for it.
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Social Security Choice - Club For Growth