Flyer22 wrote:
rodbender wrote:
The problem is not only that these laws are unconstitutional, but that theBATFEis as well. Can you tell me where in the Constitution that gives police powers to the feds? It doesn't. Law enforcement should be left to the states and local authorities.
All federal police agencies are unconstitutional. This would include the FBI, BATFE, DEA, U.S. Marshall's Office and the IRS. Can you find an authority to create a police agency? These agencies are the standing armies our founders were so afraid of.
Article II, Section 3:
The President "
shall take care that the laws be faithfully executed."
Article I, Section 8:
Congress shall have power "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."
By the way, earlier in Section 8, it says that Congress has power "To provide for
calling forth the militia to execute the laws of the union." Would you prefer that federal laws be enforced by the National Guard?
The part of Art. II, Sec3 you mentionwas simplyan admonishment to the president not to violate the Constitution.
"necessary and proper" This is one of the most overused portions of the Constitution. Almost as much as the "general welfare" and "commerce" clauses. It's used as one of the "catch all phrases".
No, I would not want the National Guard to enforce the laws. But then the National Guard is not the militia, the people or maybe even the State Guard could be considered the militia. At least it would be the Constitutional way of enforcing U.S. law. Alas, this is the statement (" To provide for
callingforth")that tells me that the framers did not want the government to have a standing army nor astanding police force.
If the congressand the president had not enacted as manyunconstitutional laws as they have, there would be no need toenforce the laws of the U.S. except on occasion. Such as when
Eisenhower sent themilitary into Arkansas to enforce integration. But then, perhapsheshould have used the State Guard of Arkansas instead.