Constitutional Add Ons And Exception
By gewcew23
@gewcew23 (8007)
United States
February 6, 2010 2:42pm CST
When the 13 original state governments decided to create a new national government, these 13 states created a document called the Constitution. The Constitution defined and supposedly limited the power of this newly created government. As James Madison described the powers given to this newly created government as few and well defined. In the Constitution each branch, Congress, the President, and the Judaical all have certain power and these powers are well defined. Yet through the history of this country the national government has created as I like to call add on powers. Everything from the public education system to trying to create mandatory health insurance are powers that would be described as add on powers.
When the state where asked to give up some of their own power to create this national government they demanded protection for them and their citizens. We call these protections the Bill of Rights, but really the correct terminology is the Bill of Prohibitions. These protections where absolute with wording like Congress shall not, shall not be infringed, and shall not be violated. Like the power defined by the Constitution, the national government has decided to created what I would like to call exception. Abridging the freedom of speech except if you are a political dissenter, freedom of press except if you are Howard Stren, the right of the people peaceably to assemble except at a national party convention, to petition the Government for a redress of grievances except when government does not want hear it, the right of the People to keep and bear Arms, shall not be infringed, unless if it is a so called assualt gun, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless you are a possible terrorist, and so on.
Now the interesting is these add ons and exceptions can have double standards. If asked how does the National government have the power to regulate a farm they will state the interstate commerce clause but does nothing to prevent state government form barring out of state health insurance companies from offering coverage with in that state, which is exactly why the interstate commerce clause was wrote into the Constitution. If Exxon want to run a commercial talking about their work on alternative fuels take is okay, free speech but if Exxon wants to run an ad endorsing a candidate oh heck no. Yet when the New York Times, a corporation, endorsed Barack Obama that endorsement is protected by the freedom of the press.
1 person likes this
1 response
@Citizen_Stuart (2016)
•
6 Feb 10
Very true. At the end of the day, a constitution, like any other law, is just a piece of paper. You need more than that to keep freedom alive, what keeps a country civilised is if the majority of the general population have the spirit of freedom, individuality and respect for each others' rights as part of their culture.
1 person likes this
@gewcew23 (8007)
• United States
7 Feb 10
The Constitution is just a piece of paper, but all laws are written on paper. Government always wants us to follow their paper laws to the t, but government has no problem violating the paper laws that are allocated to them. My thoughts on how they get away with this is because too many not only allow this activity but encourage it. Voters will sell away their brother's freedoms for a few pieces of silver.
@_sketch_ (5742)
• United States
10 Jun 10
Hey here's a great quote that came to mind when I read this:
"An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law."
-Martin Luther King, Jr.
This is what people need to start doing in order to change anything. Everyone is too afraid of consequences. They break the laws for their own gain; we need to break the unjust ones to show them that we care about this country.
Gotta love MLK. 



