The Federal Government Possesses Only Those Powers Delegated To It By The States.
“State a moral case to a plowman and a professor. The former will decide it well and often better than the latter, because he has not been led astray by artificial rules.”
– President Thomas Jefferson
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;…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. Federalist Papers No. 45
The state legislatures have a duty and moral obligation to resist Obama’s illegal executive orders, to protect the sovereignty of their respective states, and the safety of its people from tyranny.
This is not the Alien and Sedition acts of 1798. We might see a power grab by one man trying to centralize all powers not enumerated to him, to attack the right to keep and bear arms. The States do have many legal remedies if anyone in government has a backbone to stand up. In fact in 1952, the US Supreme Court struck down a power grab by President Truman.
The Tenth Amendment expresses the principle that undergirds the entire plan of the original Constitution: the national government possesses only those powers delegated to it.
Does a President have the legal authority to legislate by executive FIAT to get his way when Congress will not?
No he does not.
Read the Kentucky and Virginia Resolutions back when the Alien and Sedition Act was passed back in 1798.
Here is what the resolutions stated and declared:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the States are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact:
The States who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
The State legislatures have a duty and moral obligation to resist Obama’s illegal executive orders to protect the sovereignty of their respective States and the safety of its people from tyranny.
In 1952, The US Supreme Court rule against President Harry S. Truman‘s illegal executive order in the case of Youngstown Co vs. Sawyer.
The President signed an executive order to seize the steel mills because a worker strike under the pretense of a steel worker strike is a threat to national security.
Justice Hugo Black in the Majority opinion said:
The mill owners argue that the President’s order amounts to lawmaking, a legislative function which the Constitution has expressly confided to the Congress and not to the President.
Their complaints charged that the seizure was not authorized by an act of Congress or by any constitutional provisions. The District Court was asked to declare the orders of the President and the Secretary invalid and to issue preliminary and permanent injunctions restraining their enforcement.
The Governments excuse that did not hold water was:
injunction, the United States asserted that a strike disrupting steel production for even a brief period would so endanger the well-being and safety of the Nation that the President had “inherent power” to do what he had done – power “supported by the Constitution, by historical precedent, and by court decisions.” Which was and is today pure hogwash.
Is putative President Obama making the same excuse under a similar pretext to the response to the incident at Sandy Hook Elementary School saying guns in the hands of the law abiding Americans endangers the well being of the children? Pure illegal window dressing!
So in the putative President’s mind, if congress will not go along. He will use his “inherent illegal powers” to confiscate the guns using the “necessary and proper” clause. The School is a State issue not a Fed issue.
Justice Black continually says restricting the President’s Power writing:
The President’s power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself.
There is no statute that expressly authorizes the President to take possession of property as he did here. Nor is there any act of Congress to which our attention has been directed from which such a power can fairly be implied.
Harry Truman used the color of law without no legal authority. The President only has the power to enforce the laws of Congress. He has no implied powers. His authority is very limited.
This can be Obama’s Waterloo like Napoleon, when he overreached and over extended beyond pushing the limits past his legal constraints. The Chief Justice emphasizes constantly in the majority opinion:
It is clear that if the President had authority to issue the order he did, it must be found in some provision of the Constitution.
And it is not claimed that express Constitutional language grants this power to the President. The contention is that presidential power should be implied from the aggregate of his powers under the Constitution. Particular reliance is placed on provisions in Article II which say that “The executive Power shall be vested in a President . . .”; that “he shall take Care that the Laws be faithfully executed”
Here are further quotes from Justice Hugo Black that are worth noting that the President is not a law onto himself:
Nor can the seizure order be sustained because of the several Constitutional provisions that grant executive power to the President.
In the framework of our Constitution, the President’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.
The Constitution limits his functions in the lawmaking process to the recommending of laws he thinks wise and the vetoing of laws he thinks bad.
And the Constitution is neither silent nor equivocal about who shall make laws which the President is to execute.
The first section of the first article says that “All legislative Powers herein granted shall be vested in a Congress of the United States . . . .”
After granting many powers to the Congress, Article I goes on to provide that Congress may “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 order cannot properly be sustained as an exercise of the President’s military power as Commander in Chief of the Armed Forces.
The Government attempts to do so by citing a number of cases upholding broad powers in military commanders engaged in day-to-day fighting in a theater of war. Such cases need not concern us here.
Even though “theater of war” be an expanding concept, we cannot with faithfulness to our Constitutional system hold that the Commander in Chief of the Armed Forces has the ultimate power as such to take possession of private property in order to keep labor disputes from stopping production.
This is a job for the Nation’s lawmakers, not for its military authorities.
The President has no statutory or Constitutional authority to sign an executive order to disarm the law abiding American people.
We have allowed the President to get away with way too many power grabs.
But when he says he is coming for the people’s legal and lawfully owned guns. He might get a major push back he may not expect where he will lose everything because he has miscalculated.
The media is talking to itself because no one watches them anymore.
If Obama is a legend in his own mind, thinking his power has no limits, ask Napoleon what happens when he invaded Russia?
He lost big time. Obama will lose big time if he physically tries to confiscate the guns.
It is the duty of the People, The States to stand up.
We can win as long we stand our ground and not give in. We do not need any yellow bellies wavering.
We have the law of the land and the moral authority on our side.
The tyrants are on a foundation made of sand based on lies and hoaxes. We just have to hold the line. They will sink if we hold fast.
We are the final check on power when our leaders fail.
- We The People & States Not BOUND To Follow ILLEGAL Presidential Executive Orders! (politicalvelcraft.org)
- Wyoming Bill Nullifies Obama Federal Gun Control & Imprisons Fed Attempting To Enforce! (politicalvelcraft.org)
- Sovereign State Of Indiana To Outlaw Obamacare: The Implementation Of “Obamacare” Would Be A Felony! (politicalvelcraft.org)
- Let’s Abandon The Constitution, Says Professor (personalliberty.com)
- The Fight for Our Country, Part 3 (theburningplatform.com)
- ‘Constitutional Law’ Professor in New York Times: ‘Toss the Constitution’ (sfcmac.wordpress.com)
- South Carolina Bill Would Nullify all Presidential Executive Orders Against the Right to Keep and Bear Arms (tenthamendmentcenter.com)
- Sheriff: Defy ‘unconstitutional’ laws (cnn.com)
- Refuting Historical Ignorance On Secession & Nullification! (politicalvelcraft.org)
- Obama Not King Yet! Can’t Make Laws by Using Executive Order Says Supreme Court (americanfreedombybarbara.com)