Implied Powers
The Tenth Amendment
Weights and Measures
I can smell
my boots.
I came in a
bit ago after weighing and loading calves at Porter’s and didn’t take them off.
The calves are now delivered (and awaiting a pending snowstorm!) for this
week’s Clovis market and I had an epiphany of
thought that needed to be written down before I forgot it. There is little
doubt I’ll face the consequences, but the sweet smell of cow sticking to my
boots has never offended me. In fact, I like the sweet, musky odor.
In the
balance, there is simply no comparison to cow shit and the human comparison.
The former smells of the sun, earth, and grass. The latter smells like partisan
politics.
Weights and Measures
The old scale beam at Porter’s is a seasoned relic.
In the midst of weighing a draft of heifer calves, I mentioned to Asa, Jr. the
sum of all the cattle weighed across those scales would probably shock us.
Millions of pounds of American beef have tread across its wooden and beamed
floor. The calves that the Porter brothers and I preconditioned when we were
but young men at the Kennecott Farm were likely finished at the feedlot and
weighed across this grand old scale.
Three
generations of Porters have now used it and their business, hard in any region,
remains open and operational. With the exception of their “hospital”, their
working facilities are not cutting edge but they are very functional. You can
see era thought processes everywhere and I can visualize Mr. Porter, the now
deceased patriarch, in every corner. Founders have a way of working themselves
into the framework of their ideas and lifelong pursuits.
Our country
is no different.
Our system,
conceived by Americans at great risk, may display similar era characteristics
if examined closely, but its functionality has never been more cutting edge. If
there is criticism, it is in the expansive altered state of its original
framework. Too many contrived alterations have taken place and too few real
patriarchs have arisen to step forward and guard its foundational tenets.
With that,
generations of leaders have assumed the position that “implied powers” actually
stems from an undrafted, intimated Article VIII of the Constitution. More specifically,
generations of play actors in judicial black robes have bastardized the
principle of representation and have seized and redistributed unintended
powers.
Progressive
bush league umpires from every Podunk municipality now have the assumed power
of carrying water for the agendized power base. “Necessary” laws have been
morphed into matters of social conveniences, but the practices are not only
illegal, they are blatantly unconstitutional.
There are
no implied powers.
Powers
given to the branches of government including Franklin’s most worrisome concern, Judicial,
are clearly defined. These generational black robed hoods cannot change or
arbitrarily interpret anything on the basis of convenience. Madison clearly reminded eternity of that
matter in Federalist Paper 53. “(the) Constitution is established by the people
and unalterable by the government.”
It is time
to dust off our beam of measurements. It is time to start applying only constitutionally
granted powers.
Implied Powers
AMENDMENT
X
POWERS RETAINED BY THE STATES AND THE
PEOPLE
The
powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people.
Since we
were never really taught the Constitution, any interpretation has come
subsequent to adulthood. That is especially true when the last amendment of the
first ten ratified back in December, 1791 just before Congress broke for
Christmas is read and pondered.
An
impression could well be that someone in the drafting committee was struck by
the realization it would probably be more appealing if the peasantry was
acknowledged. After all, the sweaty citizenry would have to be relied upon to
ratify the amendment, and it was that order of society from which the talking
points of the revolution were actually crafted. Another, more powerful
interpretation, though, should be it was the crowning, more encompassing
signature applied to the first ten amendments. The whole body of effort was concluded
and punctuated by, “We, the People”.
We will
proceed on the basis of the latter theme.
The Tenth
Amendment sets forth that all powers, not reserved by the three equal branches
of federal government and or the states, is granted to the People.
Theoretically, we have a fairly extensive array of powers.
What are
they?
Well, we
can vote and the 2016 election results suggest we were fed up with the antics
of the federal government and 95% of their conditioned press corps. Our votes
counted. Uh, let’s see. What else? Maybe a few of us could buy a senator or a
judge if we had enough money and or influence. Uh … Hmmm.
The truth is we are subservient to the lesser
gods, the federal government and to the states in which we live. The Tenth
Amendment simply appeases an electorate that has long been used and abused by a
principle of representation that operates in greater part by powers seized
through implication. It isn’t just the courts, the wealthy, and well positioned
NGO fronts that control our system. The political parties have become more
villainous than any factor.
The Tenth Amendment
The events
of this past week promulgated by a black robed hood from Podunkville and
sanctioned by character actors from the bar scene in Star Wars on loan to the 9th
Circuit Star Chamber panel clearly reminds us where we stand. The Tenth
Amendment is in play, but, by implied powers, it has now been transferred to
immigrants who are filling the void once occupied by the masses expeditiously
added as the trailer in the Tenth Amendment. We are simply expected to pay the
bills.
Indeed, a
States’ driven constitutional convention is in order.
The first
order of business is to deal with the Tenth Amendment. It needs to be repealed.
That’s right! It must be repositioned within our Constitution and set forth as
a new Article I. It must stand before all powers granted to the Legislative,
Executive, and Judicial branches.
There are
really only two things that must be considered in that reorganization. First,
our vote must be elevated in prominence. Secondly, our payment of taxes must be
controlled and metered. Taxes must be paid two fold. The first payment must be
direct and applied to normal operation and maintenance of our government
bodies. The second standard must be conditional. It must be granted only on
benchmarks that our States, collectively and individually, approve. That money
must be held in escrow before remitted to the federal government. It is time
our States start fulfilling the obligation of protecting us, the citizenry.
Article I
of the Constitution must elevate the original premise of this whole experiment,
and that isn’t the Legislative Branch of government. It is the People and it
must include our collective protectorate, the State. We control the vote and we
must control the purse strings.
The rest is what I still smell on
my boots.
Stephen
L. Wilmeth is a rancher from southern New
Mexico. “I agonized over shipping all those heifers.”
The predecessor to the 10th amendment was Article 2 of the Articles of Confederation:
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
Note it says expressly delegated. Also note the word expressly was not included in the Constitution, which has led to much of the implied stuff of concern to Wilmeth and many of us.
For an interesting discussion on all this go here and read Lash's article.
1 comment:
I notice that most young people (teens to 30's) I meet do not have any knowledge of the U.S.Constitution or what rights are.
They don't want to talk about any politics.
They do think that anything with key words such as eco, environment, earth, sustainable, EPA, CWA, ESA, wolves, etc. are all good things, and that we should acquiesce rights for the sake of the environment and wildlife. That's OK with them.
The U.S. Board of Education is responsible playing a major role in public schools.
If the Constitution were taught properly, or Mr.Wilmeth's article were part of the curriculum, then the US would be in much better shape.
It's a political civil war out there and the democrats will not give an inch while screaming for bi-partisanship.
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