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What are the enumerated powers of Congress?

Published January 26. 2013 09:02AM

The following is taken directly from Article I of the Constitution for the United States of America:

Section 1

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 8

1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

2: To borrow Money on the credit of the United States;

3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

7: To establish Post Offices and post Roads;

8: 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;

9: To constitute Tribunals inferior to the supreme Court;

10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

13: To provide and maintain a Navy;

14: To make Rules for the Government and Regulation of the land and naval Forces;

15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

16: 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;

17: 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

18: 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.

Question: Did you read about any power given to Congress concerning the private manufacture, sale, purchase or use of firearms, firearm accessories and/or ammunition? Answer: No.

In fact, the Second Amendment of the "Bill of Rights" in the Constitution for the United States of America specifically prohibits Congress and any other Branch of the federal government, or department thereof, from doing so by stating:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Don't be confused about the inclusion of the phrase "A well regulated Militia". Militias are made up of the Citizens of the several States. Each State militia may be called up by the Governor of the State and assigned to the President of the United States when lawfully called into federal service. Each State Citizen had/has the God-given right to acquire, possess and use any firearm, firearm accessory and ammunition that is available to the government. Remember, the Second Amendment was added to the Constitution for the United States of America in 1791 to insure, protect and guarantee the God-given right of each individual to protect himself (or herself) against a tyrannical government. Of course, as in all cases, the individual is always responsible for the proper use of the arms. It would be absurd to place any restriction on the type or number of weapons and/or ammunition that the Citizen could own and be prepared to lawfully use against a tyrannical government. Firearms, accessories and ammunition are only tools. They can be used for good or for bad results. It is only the unlawful actions or actual crimes by an individual that can lawfully be prosecuted in a trial by jury according to the due process of law in the County in which the alleged crime occurred.

Article I, Section 21, "Right to Bear Arms" of the Pennsylvania Constitution states:

"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."

This provision has been in the Constitution of Pennsylvania since 1776.

At most, the private manufacture, sale, purchase and/or use of firearms, firearm accessories and ammunition is a State, County, local government, or a natural person matter. The United States government has no power or authority to act in these matters within the several States of the Union.

The Tenth Amendment of the "Bill of Rights" in the Constitution for the United States of America states:

"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."

Everyone in our State government takes, or is indirectly responsible to follow, an "oath of office" to "support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and to discharge the duties of their office with fidelity." There are no exceptions!

The Sheriff in each County is the "Chief Law Enforcement Officer" (CLEO) in the County. He or she has more lawful constitutional power, authority, duty and responsibility to keep the peace in the County than the President, Governor, State or municipal police or anyone else. The Sheriff may have Deputies and can constitutionally create a posse or posses to accomplish the duties of his or her office.

It is time that all those in State, County and Local governments and the People nullify unconstitutional U.S. Government "laws, codes, rules, regulations, court decisions, executive orders, etc." The future of our freedom and liberty, and our constitutional republic, the United States of America, depends on this.

"To disarm the people is the most effectual way to enslave them." - George Washington

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