Wednesday, December 30, 2009

I would like anyone to show me where Socialism is Un-Constitutional.

I got this line from a post on YouTube.  I could not believe it.  Unfortunately, I was unable to post a comment because my current configuration does not permit me to log onto YouTube.  I can listen to their stuff, but I cannot comment on it.  I suppose that is the American way - I choose not to mess with my configuration, and therefore I cannot comment on their site - but I think they should correct that.

Anyway, the issue at hand is - prove that socialism is unconstitutional.  Imagine that should be easy enough.

Socialism refers to various theories of economic organization advocating public or direct worker ownership and administration of the means of production and allocation of resources, and a society characterized by equal access to resources for all individuals with a method of compensation based on the amount of labor expended.

Emphasis has been placed on "public...ownership and administration" because this is the area that involves the constitution - government involvement in matters not directly within the purview of the government.  This is applied to all corporate entities, all companies, all businesses - from shoemakers, to hospitals, to restaurants.

Look closely at the enumeration of powers :
     Collection of Taxes, Duties, and Excises;
     Borrowing money on national credit;
     Regulating commerce;
     Regulating naturalization processes;
     Coining money and regulating weights and measures;
     Protecting the value of our money and thus the economy;
     Setting up a Postal system;
     Setting up the Patent Office;
     Setting up lesser courts;
     Setting up America's international laws;
     Declaring war, and regulating the lawful exercise of it;
     Raising and supporting armies;
     Providing and maintaining a navy;
     Setting rules to govern and regulate those armies and naval powers;
     Providing for the call-up of the militias for domestic peace and national defense;
     To provide all laws local to the national capital; and,
     To make all laws necessary to the execution of these enumerated powers.

No other part of the Constitution enumerates any powers such as these - the appropriation of moneys through taxation, especially: this belongs to the congress alone.  The extent of the Executive branch into this is to sign or veto; the extent of the Judicial, to approve or disapprove the measure according to its legality IN ACCORDANCE WITH THE LAW PROVIDED IN THE CONSTITUTION OF THE UNITED STATES.

It is sad that so many have extended the first power enumerated to include the phrase, "general welfare".  The Congress' power is to levy taxes, duties, and tariffs for those purposes, but not to determine what those purposes are, nor to anticipate them.  The purposes for these are to be dealt with on a case-by-case basis.  If this were not the case, such authority would have been clearly outlined in the Constitution.

Companies incorporate with the state governments pertinent to the state within which they are established; this is a means of revenue for the state.  Since establishing corporate entities for the purposes of collecting revenue is an authority not specifically granted to the federal government, and not specifically denied the states or the people, it is automatically granted to the states or the people per the 10th Amendment.

Since Socialism in America would naturally intrude into what is clearly an authority of the states, it would conflict with this 10th Amendment measure by placing federal authority where no clearly enumerated power had been listed in The Constitution.

Not as simple as I thought, but possible.

In a nutshell, the 10th Amendment keeps the federal government out of state government matters until two or more states come into conflict, and only until that conflict has been resolved.  Socialism would assume a federal authority that would interfere with a clearly state-level jurisdiction - outside of the permission of the Constitution

Deus Patria Sic!

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