I would venture to say that for the most part, every day leftists who scream and rant and rave when they don’t get their way with Supreme Court rulings have never read the US Constitution. And if they have, they either didn’t understand what was in it, or they were taught by school teachers with a leftist agenda.
I say this because today we have grown adults in every walk of life who argue that every issue they believe is a good idea must somehow be legal. And if a good idea that must be legal in their mind gets knocked down by the High Court, they believe they have been wronged. And they act accordingly.
How so many people in a country like the United States can grow up and be so ignorant as to not even understand the basics of how our government is supposed to work denies belief in a Benevolent Being.
We have lawyers, district attorneys, judges, and politicians who don’t know their butt from their elbow when it comes to Constitutional law and the limitations of power written into the Constitution. It’s not a long document. There are only 4,440 words in the Constitution. And the Framers wrote in vulgate (that means language that a simple person on the street would understand).
Take, for example, the recent overturning of Roe v Wade, the abortion ruling from the US Supreme Court in 1973. Notice that I didn’t call Roe a law because it was never a law. Liberals love to argue that abortion is a Constitutional right, but those are the same people who never read the Constitution or they do not understand what the Constitution says.
I apologize if I am coming off attacking liberals for their ignorance over our constitution. I don’t blame them. I blame the liberals who came before them who taught them to be ignorant of how our own government works. It’s pretty basic stuff.
The Congress or the Legislative branch of government creates laws. It says so in Article I. That’s at the beginning.
The Executive branch enforces or “executes” the law. They, too, do not have the authority to create laws.
The Judicial branch looks at cases brought before it to determine if a law in question stands up to the standards of our Constitution. Nowhere in our Constitution does any article give power or authority to any court to create laws.
So the lesson to be learned here is that the Congress is the only branch of government that has the power to create laws. Herein lies the problem.
Most Americans have either forgotten this crucially important fact, they were never taught this in school, or they DGAS [rhymes with “don’t give a hit”].
After the Supreme Court ruled on the Dobbs case which resulted in overturning Roe v Wade, almost every elected Democrat, at least at the federal level, went nuts because the Roe decision has been for them the highest sacrament of the Politically Correct Death Church.
We had Senator Chuck Schumer (D-NY) attempting to codify Roe by making a federal abortion bill. Think about the sheer ignorance of Schumer. Not only is he a United States Senator who should know the Constitution, but he is the Senate Majority Leader and he doesn’t understand that the Supreme Court ruled in the Dobbs case that abortion is not a federal right. It is not listed in the Constitution and therefore the federal government has no authority over it.
Yet, there they were, Democrats scrambling to codify something they were just told they could not do.
This goes beyond ignorance of the Constitution. The Supreme Court did the country a solid by reminding us that the federal government cannot pass any law it wants. There are built-in limitations all over the place in the Constitution. Liberals twisted the meaning of each one over the years to keep people ignorant. That’s mainly why so many are screaming about rulings coming out by the current Supreme Court these days, a Court that is doing nothing more that their jobs.
As an example of twisting meanings, the General Welfare Clause in the Preamble of the Constitution, was added as a reminder of the limitations of power against the federal government yet Democrats have twisted the meaning over the years to be that the government has to take care of people who can’t take care of themselves. Maybe it was the word welfare, which in the days the Preamble was written did not mean a lifetime of government checks and other handouts at the expense of those who work and pay taxes.
Where did the General Welfare Clause come from? During the Constitutional Convention, Benjamin Franklin proposed a clause to the Constitution that would allow taxes to be collected for the building and upkeep of canals. In those days, canals were how you delivered merchandise from the ships that come into the ports. Merchandise would be offloaded from the ships and put onto wagon carts or little boats, depending on which canal. Horses or mules would then pull the carts or boats along a canal boardwalk, if you will, so that shop owners along the journey could collect their goods and take them to their businesses.
Fortunately for us, Gouverneur Morris argued against it, saying that this would place a tax on all Americans and the benefits of their tax dollars would only be realized by a few. This sparked a lot of debate not only in Independence Hall in Philadelphia but among the delegates of the 13 colonies who were going to ratify the Constitution.
Those debates resulted in the idea of promoting the General Welfare. What it means is that in order for the federal government to issue a tax to pay for a program it creates, the first thing they must do is recognize that whatever the program is they’re trying to create is actually among one of the 18 enumerated powers that were given to the federal government in the Constitution. And then, if it got past that hurdle, the tax would have to directly benefit everyone who pays taxes. It was an intentional limitation put in there to prevent a Congress that could run away with powers it didn’t have. It was a mindset created and placed in the Preamble.
The idea of the powers delegated to the federal government being limited was such an important point for the success of the new nation that they also spelled it out in the Tenth Amendment of the Bill of Rights:
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.
What people either never learned or have forgotten is that the Tenth Amendment clearly says that any power whatsoever that has not already been given to the federal government (United States) belongs to the States. That means powers not even thought up yet. They already belong to the States. And guess what? That’s still the way it is supposed to be today.
If the federal government wants to obtain a new power that is not listed in the 18 enumerated powers in the Constitution, they must ask the states for permission by attempting to pass an Amendment to the Constitution. Constitutional scholars, and I mean real scholars not the woke dime store flunkies who work for the Democratic Party or appear on misinformation news media shows, will tell you this is exactly how the Constitution was written and how things are still supposed to be done today.
This means that hundreds of programs created by the federal government are not Constitutional. One of them was the Roe v Wade decision. Social Security is another. Where in the Constitution does it give the federal government the power to create a Social Security program? They could have tried to get an amendment, but they didn’t. Don’t worry. No one is going to take away Social Security. But the point stands.
Medicare is another power the federal government took for itself unconstitutionally. Obamacare is not a power listed in the Constitution and therefore is also unconstitutional. But Justice Roberts said it is. Remember when I said we have people from all walks of life who do not understand what the Constitution means? That goes for many Supreme Court justices as well.
Justice Elena Kagan said of the recent EPA smack down ruling:
“The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening.”
Kagan is another Supreme Court justice who is ignorant of what the majority on the Court did. The Court ruled that the Congress or Legislative branch makes laws and not the Executive branch.
For those of you who are still not convinced that this is what the Framers wanted, read Federalist 45 where James Madison made is crystal clear what the powers of the federal government would be vs the powers of the States.
Among other things in 45, Madison wrote the following:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
“The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security. As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government. The more adequate, indeed, the federal powers may be rendered to the national defense, the less frequent will be those scenes of danger which might favor their ascendancy over the governments of the particular States.”
Notice how Madison says that the powers to the federal government are “few and defined” while every other power will go to the States and are “numerous and indefinite.”
LET’S ALL PAUSE FOR A MOMENT HERE WHILE LIBERALS GOOGLE THESE TERMS
Madison even gets into examples of the powers delegated to federal and state governments:
“The former will be exercised principally on external objects,” which means that the federal government will only deal with nationhood issues.
He goes on to give the examples of this such as “war, peace, negotiation, and foreign commerce.” These are issues of nationhood that the Framers didn’t want the States to be fighting over.
The Father of the Constitution goes on to mention the issues that the States will handle, being “all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” That means EVERYTHING not specifically enumerated (that means numbered for those of you who claim to be liberals).
Over the years, politicians just decided to give up on all those limitations of powers and started passing whatever they wanted. And that has led to the chaos our country is in today. There is no standard that is followed anymore, and that is why kooky leftists can accuse Supreme Court justices who rule in favor of the Constitution as a threat to our democracy.
The current Supreme Court is simply telling the country that we have gotten away from our Constitutional path long ago and it’s high time we get back on it to save the republic. The Constitution allows for everything the Left wants, even today, but they have to follow the rules in order to get it. And they have to learn that if they can’t achieve what they want even by following the rules, then instead of freaking out and making stupid statements, they should regroup and figure out how to get what they want legally.
So the next time you hear a liberal friend going off about a SCOTUS ruling, before you join them in their despair and excited utterances, check to see if the ruling was about the federal government not having the power to do what it wanted to do. Rules are rules, after all. Then hand a Pocket Constitution to your liberal friend and wish them the best.
Rich is a conservative, syndicated opinion writer and owner of MAGA-Chat.com. He writes about politics, culture, liberty, and faith.
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