PRIMER FOR UNDERSTANDING HB 570

THE LEGISLATIVE CONSTITUTIONAL REVIEW COMMITTEE ACT

 

Table of Contents:

THE LEGISLATIVE CONSTITUTIONAL REVIEW COMMITTEE ACT—what it does.

Basic Concepts

        Enumerated Powers

        Tenth Amendment

        The Big Govt/Cental Planning "Excuse" Clauses

                Supremacy Clause

                Commerce Clause

                General Welfare Clause

                Necessary and Proper Clause

The Rightful Remedy

List of Enumerated Powers of the Federal Government

Text of HB 570

      Official pdf

      Simplified for readability

 

 

 

HB 570:  THE LEGISLATIVE CONSTITUTIONAL REVIEW COMMITTEE ACT

What it does:

1. Forms the Interim Legislative Constitutional Review Committee

2.The legislative constitutional review committee is charged to recommend, propose, and call for an up or down vote of simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the people to the federal government in the United States constitution.

 

 

BASIC CONCEPTS TO UNDERSTAND

 

 

Enumerated Powers

 

The Constitution DELEGATED just a few and well defined ENUMERATED (i.e., specifically listed) powers to the Fed Govt.

 

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.~~James Madison, “Father of the Constitution, in Federalist Paper #45

 

 

 

Tenth Amendment, Bill of Rights, US Constitution:

 

“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 BIG GOVT/CENTRAL PLANNING "EXCUSE" CLAUSES

 

These are the clauses that big govt/central planners have willfully misinterpreted and used to grow the federal govt to the point that 99% of what it does is OUTSIDE its delegated authority.  They have been so twisted in interpretation as to say the opposite of their original intention, to enable a huge central planning federal government instead of to prevent it.

 

Supremacy Clause

 

Article VI, Clause 2

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

 

The twist:  They ignore “which shall be made in Pursuance thereof” and claim that every law they make is “the Supreme Law of the Land”.  That’s NOT what it says.  That is the Myth of Absolute Federal Supremacy.  The truth is that any law or regulation that is not within the delegated, enumerated powers in NOT supreme--in fact, it is no law at all and of no effect.

 

 

Commerce Clause

Article I, Section 8, Clause 3 [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

 

“Regulate” at that time meant “to make regular”, “to facilitate”, and obviously, by simple reading, referred only to interstate commerce and that with foreign nations or Indian Tribes.  The Federalist Papers also thoroughly discuss the clear intent.  The Big Govt Central Planners have instead twisted it to mean they have power over all commerce within every state of the union.

 

One of the most infamous twists was their regulation over what a farmer grew to feed his own family, saying it related to interstate commerce because he otherwise might have bought his family’s food from another state.

 

 

General Welfare Clause

 

The first clause of Article I, Section 8, reads, "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."

This clause, called the General Welfare Clause or the Spending Power Clause, does not grant Congress the power to legislate for the general welfare of the country; that is a power reserved to the states through the Tenth Amendment. Rather, it merely allows Congress to spend federal money for the general welfare. The principle underlying this distinction—the limitation of federal power—eventually inspired the only important disagreement over the meaning of the clause.

And, very importantly, according to James Madison, the clause authorized Congress to spend money, but only to carry out the powers and duties specifically enumerated in the subsequent clauses of Article I, Section 8, and elsewhere in the Constitution, not to meet the seemingly infinite needs of the “general welfare”.

 

 

Necessary and Proper Clause

 

Article I, Section 8, Clause 18:

[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The twist:  they ignore “for carrying into Execution the foregoing Powers” and pretend they can make any law they consider “necessary and proper”—basically a blank check for unlimited legislative power over the whole country.

 

 

 

THE RIGHTFUL REMEDY

 

“Where powers are assumed which have not been delegated a nullification of the act is the rightful remedy.”~~Thomas Jefferson

 

(Some of us hardcore Constitutionalists are a little uncomfortable with the word nullification, as it implies an action which theoretically should not be necessary.  If the fed govt was never given a certain power or authority, there should be no need to specifically declare that it does not have that power or authority, but we also acknowledge that “nullification” is necessary as a reminder to us all of that lack of authority, and also facilitates enforcement or interposition of the state between the federal govt and the citizens of the state, to protect the citizens from unlawful actions of the fed govt.)

 

 

 

List of Enumerated Powers

(Coming soon.)

 

Here is the official version of HB 570

Here is an easier to read version of HB 570