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Posted by Constitutional Law on August 13, 192002 at 20:13:31:
American Constitutional Research Service
Tyrants with Pens
John William Kurowski
On Tuesday, August 6, 2002, President Bush, when signing the Trade Promotion Authority Bill, better known as “Fast Track” , agreed to un-constitutionally involve himself in the power “To regulate Commerce with foreign Nations…”, a power intentionally delegated by the People via the Constitution to the Congress of the United States, and not the President!
The Trade Promotion Authority Bill un-constitutionally authorizes the President to negotiate trade agreements with foreign nations, and then, originate legislation expressing these agreements which involve the regulation of America’s Commerce with these foreign nations. Congress may then approve or disapprove the President’s created legislation in its entirety, without amendment, within 60 days, regardless of how the President’s legislation may affect America’s domestic businesses, industries, labor, or other consequences which may result because of such legislation.
The signing of this bill by the President, and the un-constitutional authorization by those in Congress who voted to authorize the President to originate legislation involving the regulation of America’s Commerce with foreign Nations, is a doented account of those members in Congress who defy our constitutional system, are actively engaged in the subjugation of this system, and display the very characteristics which the Founding Fathers often referred to as tyrants.
Make no mistake, this is not a Republican vs. Democrat issue, a conservative vs. liberal question, nor even an issue of “free trade” vs. “protectionism”___, each of which is a media created bread and circus game to confuse the People into arguing matters other than the tyrannical actions of the folks in Washington.
The real question concerning the Trade Promotion authority is a matter of grave concern and one involving an ault on, and undermine of, the separation of powers carefully written into the Constitution of the United States___ a subversive act which ought to alarm every freedom loving American, and especially so because it identifies those in Congress who are actively engaged in the subjugation of American’s constitutional system, and who ought to henceforth be referred to as “domestic enemies”, especially during the coming election.
Those who voted to allow the President to participate in the creation of legislation,
http://www.senate.gov/legislative/vote1072/vote_00207.html
August 1, 2002
http://clerkweb.house.gov/cgi-bin/vote.exe?year=2002&rollnumber=370
July 27, 2002
as may be done under the treaty making power in a limited fashion in which the President “… shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, Provided two thirds of the Senators present concur” (see Art. 2, Sec. 2.), have intentionally ignored the constitutional method of granting a like authority to the President as applied to the “regulation of Commerce with foreign Nations”, which is, by the Constitution, a separate and distinct power from that of the treaty making power and is exclusively lodged in the Congress of the United States to the exclusion of the President! (see Art. 1, Sec. 8).
The constitutional method to alter such power is by proposing a constitutional amendment via Article V. For example, if Fast Track authority were sincerely thought necessary by those who voted in its favor had proposed a constitutional amendment to allow the President “…to have concurrent power, by and with the Advice and Consent of Congress, to originate legislation to regulate commerce with foreign Nations”, such a proposal would have been within the allowable constitutional framework. But this is not what has been done, and those members of Congress voting to approve the Trade Promotion Authority, have done for the People what the People have not willingly chosen to do for themselves via the necessary constitutional amendment, and have engaged in a conspiracy to alter an intentional balance of power written into the Constitution.
To fully understand the consequences of the President being allowed to originate legislation regulating commerce with foreign Nations, and Congress being then confined to either accepting or rejecting these deals in their entirety within 60 days upon their presentation to Congress, as detailed in the Trade Promotion Bill, one must simply realize the irrefutable fact that a subtle maneuver has been attained by which the Peoples’ voice, during the creation of legislation which directly effects their lives and livelihood, is completely eliminated, regardless of how it may effect domestic industries, manufactures, labor, and the general welfare of the Nation.
The very purpose of the Founding Fathers, and those who ratified the Constitution, for placing the power to regulate foreign Commerce in the House and Senate, and then restricting all bills for raising revenue, including the laying of imposts and duties, [a tool used in the regulation of foreign Commerce] to originate in the House [the People‘s voice], was to insure the People’s voice would be heard during the creation of such bills and their immediate Representatives would exercise this exclusive power with the knowledge they would be held accountable every two years if a particular Representative did not express the views of his immediate constituents.
For an excellent article on the Trade Promotion Authority see:
http://www.restoringamerica.org/archive/constitution/fastrack_unconstitutional.html
In conclusion, it has become quite fashionable in Washington these days for members of Congress to engage in legislative activity not authorized by the Constitution, while at the same time neglecting to perform those functions required by the Constitution.
For example, the following are some of the essential legislative functions required by the Constitution to be carried out by Congress, our elected representatives, which they are not doing:
Protecting our borders from invasions. As of now there are 10’s of millions of aliens who have invaded our borders, and Congress’ responses has been to make many of them “legal” by granting them amnesty.
Regulating the value of our money. Congress has handed this awesome legislative power to a private banking institution called the Federal Reserve, and has un-constitutionally authorized this corporate banking institutions’ notes [federal reserve notes] to circulate as money and has made them a “legal tender for all debts public and private”, exactly what the Founding Fathers intended to forbid.
Regulating trade with foreign nations. Congress has handed this power, with respect to the United States, Canada and Mexico, to a group of un-elected individuals under the NAFTA [North America Free Trade Agreement] the majority of whom are foreigners, who now regulate Americas’ foreign commerce under the NAFTA and may bring American businessmen before a court of jurisdiction not recognized by our Constitution!
The following are some of the activities Congress is engaging in not authorized by the Constitution:
Public education [the No Child Left behind Act] firmly establishing a national education authority to control and regulate state constitutionally authorized public education. The purpose of which is to gain a federal control over the minds of our nations’ younger generation.
Americans with disabilities Act. Congressional legislation dealing with and regulating discrimination not forbidden by nor mentioned in the Constitution, but rakes in billions of dollars for the Brotherhood of lawyers who are the real beneficiaries of the Act, which they themselves have created on Capitol Hill.
Brady Bill gun regulation. An area of regulation not granted to Congress and specifically forbidden by the 2nd Amendment.
A closing thought: the coming election for real Americans will not be about conservative vs. liberal, nor Republican vs. Democrat, it will be a time for patriotic Americans to work to identify those in Congress who are in rebellion against our Constitution and work to remove these scoundrels from office; a time to expose those who give financial or other support to these tyrants, and then excoriate them for the accomplices they are; a time to begin the process of taking back our nation, and recognizing those who are likewise real Americans___ a fundamental common interest among real Americans being, to support and defend the intent of the Constitution of the United States, not as pretended by the Supreme Court of the United States or the Brotherhood of lawyers who have conned us into believing whatever they may want it to mean, but supporting what it meant as contemplated by those who framed and ratified the doent, and is to be found in the historical record from their own lips and hand, when our nations‘ leaders were statesmen and not tyrants with pens.
"On every question of construction [of the Constitution], let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was ped." --Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.
John William Kurowski, Founder
American Constitutional Research Service
[Permission is hereby given to reprint this article if credit to its author and the ACRS appears in such reprint. No copyright is claimed for quotes within the article which are public domain materials.]
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