Thursday, November 15, 2012

A Declaration of Grievances

Thomas Jefferson wrote in the Declaration of Independence that when an aggrieved people becomes fed up with governmental incursions into its liberty, that people "should declare the causes which impel them to the separation," such that the world can later judge the kinds and degree of the tyranny.  Thus, today we have a historical template for the kinds and the degree of despotism which informed the impetus for the dissolution of our nation from the British one.  With a few non-mention-worthy bits of historical garnish, the Jeffersonian template for grievance-enumeration comprised mostly four 1770s tariffs (Tea Act, Townsend Act, Sugar Act, Stamp Act), imposed on an improper theory of British legislative representation, from the point of view of the American colonists.
Now, does the list of current infractions by the American government a) reach, b) fail to reach, or c) surpass the level of those incurred by the American colonists against England in 1776?  Well, you be the judge. 
Our government is currently guilty of:
  • Gross congressional overreach of its Article I, Section 8 powers throughout the 20th century, with a collusive sanction by the court and the presidency.
ObamaCare, Great Society, New Deal legislation had no basis here.  All legislation must fit squarely into one of the meager 17 classes of Article I, Section 8 things that the federal Congress can legally make laws to do (of course, being so big, you'll see that it can do a million things illegally, when the court colludes to expand federal power).  Without any real basis for such laws, the court pushed the Congress's alleged "power" into the next-closest category!  This turned out to be, among the seventeen, the "commerce power," which the Federalists, in debate, had expressly guaranteed would never be used for something half as drastically nationalistic as, say, the New Deal.  They swore it up and down in the ratification debates. 

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