Daily Archives: September 25, 2014

Happy Birthday John Marshall

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john-marshall

The power to tax involves the power to destroy,” wrote Chief Justice John Marshall, McCulloch v. Maryland, 1819.

The thirteen original States were a band of brothers, who suffered, fought, bled, and triumphed together; they might, perhaps, have safely confided each his separate interest to the general will; but if ever the day should come, when representatives from beyond the Rocky Mountains shall sit in this capitol; if ever a numerous and inland delegation shall wield the exclusive power of making regulations for our foreign commerce, without community of interest or knowledge of our local circumstances, the Union will not stand; it cannot stand; it cannot be the ordinance of God or nature, that it should stand. It has been said by very high authority, that the power of Congress to regulate commerce, ‘sweeps away the whole subject matter.’ If so, it makes a wreck of State legislation, leaving only a few standing ruins, that mark the extent of the desolation. – Gibbons v. Ogden, 1824

Chief Justice John Marshall was born this day in 1755. He was not only a brilliant jurist, but also fought in a War for Independence. McCulloch v. Maryland is one of his much quoted cases; particularly in the area of the Tenth Amendment.

His decision in the case of Gibbons v. Ogden was so maligned by subsequent Supreme Courts (Mainly during the Franklin Delano Roosevelt era) that the actual decision in the case has been lost.

Chief Justice Marshall is quoted by the so-called left when it serves their “decades of precedence” on gun control. They do not refer to this case when it comes to the matter of the bureaucracies they have created. In this case Chief Justice Story ruled bureaucracies, and particularly “private” agencies such as the Federal Reserve, unconstitutional. In Gibbons he wrote:

…for the power which is exclusively delegated to Congress, can only be exercised by Congress itself, and cannot be sub-delegated by it.

Article I, Section 1 states:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Only CONGRESS has the power to make law or to effect anything that can be construed as law. They cannot delegate that authority to a bureaucracy.

Article I, Section 8, Clauses 2 and 5 give CONGRESS the power to:

To borrow Money on the credit of the United States;
AND
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Therefore that cannot be turned over to any other authority.

For a brief introduction to this Chief Justice, see American Minute with Bill Federer

Glen’s Political Corollary to Murphy’s Law

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©1998 by Glen C. Davis
Elections
1. What a candidate tells you they won’t, they will. And vice-versa.
2. Representatives don’t.
3. The amount of effort that a candidate puts into explaining why a project or legislation is not needed is equal to the amount of effort that a candidate will put into getting that project or legislation through.

  • Just enough of Congress will vote against an unpopular legislation to ensure its passage.*

4. The newly elected arriving in Washington have only a few days to forget where they come from.

  • Exception: Election year.*

5. Whenever government officials are unsure of a next step, a new tax will be added.

  • Whenever there is nothing going on in Washington, a new tax will be added.
  • Taxes is power.

6. Whenever Congress is ready for recess, a pay raise will be voted in.

  • Just enough of Congress will vote against a pay raise to ensure it’s passage.
  • Whenever a new tax or pay raise is voted down, a breakdown in communications has occured.
  • When recess is called, an immediate tax-payer paid fact finding mission to the Bahamas must be called.
  • The politician you do not like is the one responsible for raising the debt ceiling.*

7. When all else fails, pass a law or raise a tax.
8. Polls run the government.

  • Politically correct is a term that applies to whatever polls indicate.
  • No one in the south-west will be allowed to participate in polls.

9. Tough new anti-criminal laws apply to everywhere in the nation except Washington D.C.
10. Any Congress person attempting to get useful legislation passed will be expected to support at least thirty useless legislations.
11. The amount Congress complains about big government is directly proportional to the amount of bureaucracies they will create.
12. Legislation is not for the benefit of constituents.

  • Truth has no place in legislation.

13. People don’t vote. Political Action Committees do.
14. A Congressperson who is unpopular in Washington or popular at home is afraid to fly.
15. Rules for media

  • It’s not who knows, but how many know.
  • Any devastating issue is a complex issue which the public can’t possibly understand and thus must be covered up (ie. Campaign contributions, Monica Lewinsky)
  • Standard answer: “Right-wing Conspiracy.”
  • To avoid offending favorite politician, report on singing puppies.*

* Update.