Texas Governor Rick Perry, GOP 2012 presidential frontrunner now by double digits over Mitt Romney, has clearly articulated what the real problem is with the United States. The United States, itself, according to Perry, is unconstitutional.
In typical Tea Party fashion, Perry promises to "take the country back" from it's unconstitutional self. Ultra-conservatives are flocking to Perry's candidacy....the same conservatives who identify themselves as modern day Paul Reveres, modern day patriots determined to defeat the unconstitutionality of the current U.S. and replace it with the real, genuine, authentic, divine constitutional country George Washington and Jesus of Nazareth chiseled into Plymouth Rock upon arrival to North America's eastern seaboard.
Nothing wrong with the country, according to the governor who pats himself on the back over his state's 8.2% unemployment rate,.....it's simply been operating in an unconstitutional manner for the last 100 years or so. Perry intends to correct that 100 year old problem. Perry and his Posse of Tea Party supporters, apparently the last patriots standing, have outlined just how unconstitutional our nation really is.
The idea that they’re telling us how to educate our children or how to deliver health care or how to, for that matter, clean our air is really nonsense. If you really want to get America back to this vibrant economy then respect the Tenth Amendment allow the states to be the laboratories of innovation.
See, the problem with America right now is not the result of deregulated investment banksters ballooning up unsustainable casino games resulting in the removal of $8 trillion out of the American economic machine.....perish that thought. According to GOP frontrunner, Governor Rick, what's ailing the U.S. is the U.S. Department of Education, the FDA, the Department of Health and Human Services and, of course, the Environmental Protection Agency.
I guess the 10th Amendment is constitutional, so let's examine it....
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.
As I see it, individual states can exercise state powers (pass laws), as long as those powers (law making) have not been delegated to the federal government. In the case of a conflict between federal law making and state lawmaking (as we've seen in a few states' new immigration laws), then, the federal law holds supremacy over the states' laws. Federal power trumps state power. That truth is spelled out in the "supremacy clause" of the Constitution....
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Now, let's suppose that Governor Rick is correct.....he's not, but let's assume for a moment that he is....why would the EPA and the Dept. of Education be unconstitutional? Why would Social Security, Medicare, Medicaid, unemployment insurance, and a federal minimum wage all be unconstitutional?
Don't all of these programs and agencies fall under the umbrella of the "general welfare" clause of the Constitution?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Don't all the programs and agencies that Governor Rick says are unconstitutional directly address the "general welfare" of the U.S.? Social Security and Medicare address the general welfare of all the nation's elderly. Minimum wage and unemployment insurance address the general welfare of all 50 states' workers. How could these programs be unconstitutional?
Furthermore, and more importantly, if it's true that all these programs and agencies (and constitutional amendments which Perry thinks are unconstitutional) are really unconstitutional....why has our nation's constitutional solution to unconstitutional laws, the courts, not ruled them to be unconstitutional?
Medicare is almost 50 years old. Social Security is even older. Federal minimum wage laws began in 1938. Federal unemployment compensation laws began in 1935. The federal Department of Education opened in 1980. The EPA started in 1970. If all of these programs and agencies are unconstitutional, why have they not been ruled unconstitutional by the courts in all this time? Or, are courts unconstitutional too?
Additionally, am I the only one who finds it odd that at the same time Governor Rick is decrying so many longstanding federal programs and agencies as unconstitutional...he also wants to eliminate the parts of the Constitution that he doesn't like?
He calls the Sixteenth Amendment, which created a federal income tax, "the great milestone on the road to serfdom."
And he disagrees with the Seventeenth Amendment, which allowed for the direct election of senators.
Maybe the U.S. isn't actually unconstitutional after all. Maybe the problem is that Governor Rick can't sustain a presidential run without the support of Tea Party voters who just KNOW intuitively that all the agencies and programs I mentioned above are definitely unconstitutional? Could that be it?
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