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Congress Hall Cafe

Article I Section 8,9,10

Section. 8.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;

Chief Justice John Marshal “That the power of taxation is one of vital importance; that it is retained by the States; that it is not abridged by the grant of a similar power to the Government of the Union; that it is to be concurrently exercised by the two Governments — are truths which have never been denied.” McC

Section 8 To establish post offices and post roads;

Chief Justice John Marshal adds the ‘necessary and proper clause.’ “Take, for example, the power “to establish post-offices and post-roads.” This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post road from one post office to another. And from this implied power has again been inferred the right to punish those who steal letters from the post office, or rob the mail. It may be said with some plausibility that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post office and post road. This right is indeed essential to the beneficial exercise of the power, but not indispensably necessary to its existence.” McC

Note: Why is the ability to punish theft  an enumerated constitutional right and not just an implied right by the ‘necessary and proper clause’ as John Marshal says ? Because the US Constitution is intrinsically joined to the Declaration’s ‘rectitude of the Supreme Judge’ clause thereby incorporating His rectitude found in Exodus 20:15  “Do not steal” into America’s Constitutional fabric. The “necessary and proper” clause of Article I S.8 incorporates “Do not Steal” on textual reading “rectitude of the Supreme Judge.”

Section 8 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

Timothy Pickering 1787 “In Europe large standing armies are kept up to maintain the power of their hereditary monarchs, who generally are absolute. In these cases the standing armies are instruments to keep the people in slavery.. But remember that in the United States a standing army cannot be raised or kept up without the consent of the people, by their representatives in Congress.”  302

Section 8 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.

Chief Justice John Marshal “As little can it be required to prove that, in the absence of this clause, Congress would have some choice of means. That it might employ those which, in its judgment, would most advantageously effect the object to be accomplished. That any means adapted to the end, any means which tended directly to the execution of the Constitutional powers of the Government, were in themselves Constitutional….The result of the most careful and attentive consideration bestowed upon this clause is that, if it does not enlarge, it cannot be construed to restrain, the powers of Congress, or to impair the right of the legislature to exercise its best judgment in the selection of measures to carry into execution the Constitutional powers of the Government. If no other motive for its insertion can be suggested, a sufficient one is found in the desire to remove all doubts respecting the right to legislate on that vast mass of incidental powers which must be involved in the Constitution if that instrument be not a splendid bauble.”

Section 10.

No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

George Washington “I hope there remains virtue enough in the Assembly of this State to preserve inviolate public treaties and private Contracts; if these are infringed, farewell to respectability and safety  in the Government.” 307.dc

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This entry was posted on January 1, 2014 by .
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