Published-Idaho State Journal, 12/12/10
While discussing the recently passed health-care reform
legislation, House Speaker Nancy Pelosi was asked where in the Constitution the
Congress derives or is granted the power to do what they were attempting. Her
response speaks volumes about the current breed of public leaders we have in
Washington. She infamously and incredulously responded, "Are you serious?
Are you serious?"
The United States is a country of laws, and the primary
codex upon which those laws are founded are embodied in the Constitution. That
document clearly explicates and delineates the minimal authority of a central
or federal government, and whatever rights of government not identified in the
Constitution were reserved unto the states or the citizens collectively. That’s
very clear, one would think. Yet over the past 230 years our central government
has unilaterally enacted much more power over us than the Constitution ever
granted them.
The case could be strongly made that our government at all
levels is operating outside the parameters of the Constitution. This flagrant
abuse of power is at the base of nearly all of our nations’ current problems,
including taxation, deficits, massive federal debt, moribund economic growth,
high unemployment, etc. ad nauseam.
Where does Congress get the money it so freely dispenses and
appropriates around the world? Speaker Pelosi might think, as the political
cartoon showed the other day, that such money, along with jobs, comes from the
“stork who brings them on a government funded jet.” But that would be
inaccurate. Rather, for Congress to give one dollar to any individual, it has
to forcibly through the tax code, take that dollar from another. As Dr. Walter
E. Williams, economics professor at George Mason University clarifies,
“Forcibly using one person to serve another is one way to describe slavery. As
such, it violates self-ownership and is immoral,” as well as unconstitutional.
We all know that it’s a good idea to grant assistance to
people out of work, or to provide financial help to the underprivileged, or to
rebuild nations that we declare war on. But where does the Constitution grant
authority to enact good ideas?
I’m sure there are some who are crying out while reading
this that it is the government’s job to do these things. I would ask, as the
CNS News reporter asked Pelosi, “Where in the Constitution is that authority
granted?” After all, what is the oath taken by our elected leaders when they’re
sworn into office? As Dr. Williams asks, “Is that oath to uphold and defend
good ideas or the U.S. Constitution?”
Colonel Davy Crockett, while serving as a member of
Congress, once spoke in opposition to a bill to grant financial support to the
widow of a military hero. Said he at the time, “Congress has no power to
appropriate this money as an act of charity. Every member upon this floor knows
it. We have the right, as individuals, to give away as much of our own money as
we please in charity; but as members of Congress we have no right so to
appropriate a dollar of the public money.” What Congressman Crockett recognized
as a constitutional, legal as well as moral limitation of government, and the
fiduciary responsibility of government for the interest of the people, is no
longer found in the Beltway.
In 1794 when Congress appropriated $15,000 to help some
refugees, James Madison declared on the floor of the House, “I cannot undertake
to lay my finger on that article of the Constitution which granted a right to
Congress of expending, on objects of benevolence, the money of their
constituents.” Obviously Mr. Madison understood the moral and fiduciary role
congress is supposed to fulfill.
He went on, seemingly in answer to those who would say the
section in the Constitution that says to “promote the general welfare” of the
country is where that authority comes from. In response to the unspoken
question, he continued, “If Congress can do whatever in their discretion can be
done by money, and will promote the General Welfare, the government is no
longer a limited one, possessing enumerated powers, but an indefinite one.”
And clearly we have an indefinite one now. Congress has for
years ignored the precise limitations of power enumerated in our Constitution,
and vote for “good ideas” rather than what is legal and constitutional. What we
need now is a whole new mindset in Washington, Boise, and even city hall, where
elected leaders acknowledge the fiduciary responsibility they hold for us
collectively, and spend not for “every good idea” that comes around, but for
those that are legal at their respective levels of governance. As the Deficit
Reduction Commission illustrated, it’s painful to turn back the clock on
spending, yet that is precisely what we must do.