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Tell me folks, wouldn’t it be wonderful if a radio talk show host, such as Sean Hannity, did a program explaining the fundamental duty of the Supreme Court, as explained at the top of this thread? He could educate his listening audience by doing a show on the constitutionality of the No Child Left Behind Act, and establish what the Framers and Ratifiers intended with regard to public education, which is what the SCOTUS is supposed to be doing and would be the responsibility Harriet Miers if appointed to the SCOTUS.!

Sean could start by quoting James Madison from Federalist Paper No. 45 which outlines the limited power being granted to Congress:

"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 and liberties, and properties of the people, and the internal order, improvement and prosperity of the State."

He could then document what the people of the various states declared when framing their own state constitutions, and the particular powers they intended to grant to their state legislatures and not the federal government. As an example, Sean could cite what the People of Maryland agreed to in their State Constitution, in which they intentionally delegated the power for a state funded and regulated educational system to their state elected officials, and not to the folks in Washington.___, the wording being as follows:

“The General Assembly, at its First Session after the adoption of this Constitution, shall by Law establish throughout the State a thorough and efficient System of Free Public Schools; and shall provide by taxation, or otherwise, for their maintenance.”

The Maryland Constitutional also states, in emphatic terms: “the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.”

And, under Art. 3, of Maryland’s Constitution, the command is for local regulation, as opposed to federal regulation of education which is ignored by The No Child Left Behind Act. The Maryland Constitution states in emphatic words:

“The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.”

This very provision of Maryland’s Declaration of Rights is also agreed to by the People of the United States in their ratification of the Tenth Amendment to the Constitution of the United States!

Sean could then asked, “Why do we have a federal department of education?” And then Sean could answer his own question by saying, “Because the creation of a federal department of education also allows the creation of countless political plum jobs, many of which have six figure salaries and are jobs involving nothing more than an OFFICIAL at the Department of Education redistributing wealth taxed away from hard working Americans for functions not authorized by our federal Constitution!”

And what do these political appointee OFFICIALS really do at the Department of Education? Surprise, they pilfer money from the Department’s budget into their own pockets See: The Department of Embezzlement

And, just what are some of the plum jobs at the Department of Education? For a partial list see: Officials—U.S. Department of Education

Sean could then conclude___ “Having identified the intended functions of the federal government, intended to operate on external objects, as war, peace, negotiation and foreign commerce, here is a current A-Z Index of U.S. Government Departments and Agencies, click on any particular listing to find the countless plum jobs created in that department, most of which are not authorized by the powers delegated to Congress by our Constitution!

Fact is, our federal government personifies a living creature, a predator: it grows, it multiplies, it protects itself, it feeds on those it can defeat, and does everything to expand and flourish, even at the expense of enslaving a nation’s entire population with a national debt which exceeds $50 Trillion.

Indeed, the servant has become the master over those who have created a servant, and the new servant pays tribute to a gangster government which ignores our most basic law…our Constitution, and ignores this supreme law with the approval of the SCOTUS, which also ignores the intent of our Constitution as it was contemplated by those who framed it and the people who adopted it!

1 posted on 10/08/2005 3:32:48 AM PDT by JOHN W K
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To: JOHN W K
Tell me folks, wouldn’t it be wonderful if a radio talk show host, such as Sean Hannity, did a program explaining the fundamental duty of the Supreme Court

That would be great! Pity they have to spend so much time talking about themselves instead.

2 posted on 10/08/2005 3:36:33 AM PDT by MNJohnnie (Proud Member of the Water Bucket Brigade)
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To: JOHN W K
Great Post.

I have been searching for the "Agency Clause" in the Constitution for years.
3 posted on 10/08/2005 3:41:31 AM PDT by msnimje (If you suspect this post might need a sarcasm tag..... it does!)
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To: JOHN W K
Perhaps someone will send this to Hannity?


A change of names from Sean to Rush, and you would have the bases covered.



4 posted on 10/08/2005 4:33:49 AM PDT by G.Mason
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To: JOHN W K
Excellent! Thank you for posting.

The U.S. federal government is out of control. How to tame the beast and return it to constitutional enumerated powers is the question of the ages. With Trillions of dollars at stake it seems an impossible task. The SCOTUS however a good place to at least start.

BTW, what ever happened to the enumerated powers act? The one that would require congress to show the constutionality of each piece of legislation. I seem to remember it being introduced into congress a ways back. Died on the vine I suppose.

5 posted on 10/08/2005 4:34:15 AM PDT by mc5cents
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To: JOHN W K
Oh ... BTW ... An excellent post.

My thanks.



6 posted on 10/08/2005 4:37:01 AM PDT by G.Mason
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To: JOHN W K
Tell me folks, wouldn’t it be wonderful if a radio talk show host, such as Sean Hannity, did a program explaining the fundamental duty of the Supreme Court, as explained at the top of this thread?

I don't believe a radio host such as Sean Hannity could pull it off.

7 posted on 10/08/2005 5:17:18 AM PDT by bkepley
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To: JOHN W K

And like any addictive drug habit the more one ingests that
drug the greater the tolerance and more of the drug is required to achieve the desired affect on anotherwise free and independant system -the end result being heightened
likelihood of accidental or intentional overdose as one
imballanced by the affect the drug of choice realizes in moments of lucidity they have become enslaved and no longer can see a way out of their house of mirrors.(except in death) Of couse the logical response to any addiction is to
break the cycle and abort the habit.


8 posted on 10/08/2005 5:24:28 AM PDT by StonyBurk
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To: JOHN W K

From our Constitution of the United States:
“Article III.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
AMENDMENT XI
Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of the Constitution was modified by amendment 11.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."


The phrase, “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, … between a State and Citizens of another State;--between Citizens of different States;… seems pretty clear to me. The Supreme Court is the appellate Court for Federal laws and disputes between States. It would appear it is not authorized to rule on cases affecting the internal cases of the States. The 11th Amendment further restricted the Supreme Court of the United States from interfering with the individual States.

The 14th Amendment’s Equal Protection clause is used as the excuse to interfere with the individual State’s affairs. I believe this is as much a stretch as using the interstate commerce clause (Article I Section 8 “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”) as an excuse to pass innumerable laws affecting the States and the citizens.
I’m still trying to find the excuse used to establish the plethora of federal laws and Federal Law Enforcement Agencies. Article II Section 2 enumerates the powers of the Executive Branch of the Federal Government – “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States… He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties… The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate…”
Our Executive Branch is actually rather limited in power. Nothing about heading up a law enforcement branch that is larger and better armed than most countries.


10 posted on 10/08/2005 5:46:26 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: JOHN W K

An excellent article that fully satisfies it's grandiose sounding title!


12 posted on 10/08/2005 7:35:21 AM PDT by mrsmith
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