Enumerated Powers

Enumerated Powers

Article 1 Section 8 of the U.S. Constitution spells out the powers that were delegated to the Federal Government. These are known as the Enumerated Powers. The Tenth Amendment to the Bill of Rights reiterates this by retaining all powers not vested in the Federal Government to the States and the people respectively.

The first thing you need to decide for yourself is whether the representatives from the states that created and ratified the Constitution and the Bill of Rights were creating a living document or a strict and exclusive compact. Since they allowed a provision for amendments to the constitution then it would seem that they intended it to be a contract as written. If for any reason the Federal Government was to need additional powers then it could be accomplished by amending the contract (the constitution) by petitioning the States and achieving a 3/4 majority of States that would ratify the amendment, if the States decided that the Federal Government was seeking powers that were not necessary then less than three fourths of the States would presumably ratify the amendment, therefore rejecting the Federal Governments request to increase its own power.

One such case would be the 16th Amendment that apparently was not ratified but was declared to be by then Secretary of State Philander Knox. This fraud was discovered in the 1980’s by a retired Illinois State Revenue Agent by the name of Bill Benson who traveled to all of the states that supposedly ratified the amendment and obtained certified copies from the states records that proved that the amendment had fallen far short of the 38 states that were needed to ratify the amendment. Mr. Benson authored a book called “The Law That Never Was” and the certified copies are shown in the book that proves that the Amendment was never ratified. If this were to ever go to the Supreme Court they would rule that since the Income Tax is now accepted law that it would then be upheld. But, this would be an erroneous ruling based on the historic case Marbury v. Madison in which Chief Justice John Marshal ruled that any law that is repugnant to the Constitution is no law at all. By what perversion of Jurisprudence could you possibly ever declare that a fraudulent law could be upheld.

The States of the Republic were intended to operate as sovereign governments without interference by the Federal Government in matters that were under the States Jurisdiction. This allowed people to choose to live in states that were closer to their ideology or they could work to change the laws in their State. The Congress and a long line of Presidents have sought to undermine the states by usurpation of States Jurisdiction either by international treaties or outright force. It is obvious that we need a strong Federal Government for defense, interstate as well as international commerce, etc. But, we do not need them overseeing daycare centers. The Federal Government has used the Interstate Commerce Clause to usurp the authority reserved to the states and the people more than any other Supreme Court decision.

The Income Tax has allowed the federal government to claim jurisdiction through the process of doling out revenues to the states that originated within the same states.

The Income Tax is direct tax that is collected from the citizens of the states and then the revenues are used as a weapon against our state governments when the Federal Government returns part of the money to our state with federal mandates attached.

This was clearly not the intention of our Constitution and is exactly why a direct tax was forbidden by the framers of the Constitution. In another case Chief Justice Marshal also stated that “the power to tax is the power to destroy”

Even though we live in a Republic of 50 States we now either survive or perish at the whim of 445 elites in Washington DC., most of which are bought and paid for by special interests. We need to turn the tide away from a centralized and illegal government that has not only taken this power illegally but increases its own power daily by a Federal Supreme Court, a Federal Congress, and a Federal President, without any regard to what is Constitutional in regards to the states that created it them.

The FAIRTAX will not correct this immediately but will return the taxing authority back to the states by repealing the 16th Amendment. This will begin a process by which the states can be returned to their status as States of the Republic.

When you need to stand up to tyranny in your state you can rally cooperation from other citizens of your state and correct the problem by petitioning a government that is smaller and usually within a few minutes or a few hours drive to your State
Capital. When you have a tyrant located several thousand miles away that has absolute power, you are not likely to ever correct the problem.

The Tea Parties need to be directed at our State Capitals across the country. Our State Governors and State Legislators will not assert this authority unless we take it to their doorstep.