Last night I was at a speech for someone who truly gets it. And I must tell you, I was surprised and dumbfounded by how wrong some of my assumptions where. So who was it? Judge Andrew Napolitano. Yes the Faux news Judge Napolitano.
I had assumed, wrongly, that because Napolitano is a hack for Fox News that he would be a justifier of all things neo-conservative. How pleasantly wrong I was.
The Judge reminded us that Congress has only 16 powers, powers specifically enumerated in the constitution, and that if any law violates governments sole responsibility to protect our natural and unalienable rights by not tracing its authority to one of the 16 delegated powers, then it is an unconstitutional law.
Yes, you read that right. A Fox News broadcaster has a proper understanding of the limited role and powers of the government.
So what are the 16 powers by which all laws passed by congress must trace their authority to?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
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;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
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.
The Judge also reminded us last night that Natural Law was to take precedence in our society. Those ‘certain inalienable rights’? Does the phrase, “That among these are Life, Liberty and the Pursuit of Happiness” ring a bell? Those are some some of the Rights that you have that God gave to you from the moment of your conception. Government, cannot, without due process, take those rights away.
The Judge asserted also some of the most refreshing reminders of the night: That our government’s only purpose to to protect and defend our rights. Period. Our civil rights pre-existed prior to the formation of any government, and government, be it ours or another, cannot legitimately claim a higher authority than the rights we claim just by our existence as humans.
Isn’t it cool, and invigorating, to be reminded about basic civics lessons? Its just too bad that it is becoming harder and harder to find people to represent the Founders point of views.
Let us be reminded that Government cannot claim any authority legitimately, our rights as humans pre-exist any government. The government does not give us rights, it merely is a fashionable tool to represent them, and any time it becomes unfashionable, then well, its time to change it.
To my wife: I truly thank you for ‘encouraging’ attendance at the speech last night. And to the Judge: I apologize for viewing you as just a Faux News new-conservative hack.