Monday, September 5, 2011

Michele Bachmann need to reread the Constitution of the US..

Ms. Bachmann wants to do away of the Dept. of Education.. Yes she does..

"Because the Constitution does not specifically enumerate nor does it give to the federal government the role and duty to superintend over education that historically has been held by the parents and by local communities and by state governments," she said, responding to a question by DeMint, a popular figure among the tea party movement.

Ok Bachmann, the Necessary and Proper Clause, gives Congress the power to do so.. Just like it gave Congress the power to create the First Federal/national Bank, the Air Force, National Guard, and Marines..

For your FYI Ms. Drowning in the TEA Bachmann, Please read the following Part of the Constitution.

The specific powers and duties of the U.S. Congress are enumerated in several places in the Constitution. The most important listing of these powers is in Article I, Section 8, which identifies in 17 paragraphs the many important powers of Congress. The last paragraph grants to Congress the flexibility to create laws or otherwise to act where the Constitution does not give it the explicit authority to act. This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself.

The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). It is also sometimes called the "elastic clause." It grants Congress the powers that are implied in the Constitution, but that are not explicitly stated. That is why the powers derived from the Necessary and Proper Clause are referred to as implied powers.

The correct way to interpret the Necessary and Proper Clause was the subject of a debate between Secretary of the Treasury Alexander Hamilton and Secretary of State Thomas Jefferson. Hamilton argued for an expansive interpretation of the clause. His view would have authorized Congress to exercise a broad range of implied powers. On the other hand, Jefferson was concerned about vesting too much power in any one branch of government. He argued that "necessary" was a restrictive adjective meaning essential. Jefferson's interpretation would have strengthened States' Rights. George Washington and James Madison favored Hamilton's more flexible interpretation, and subsequent events helped to foster the growth of a strong central government. Their debate over the Necessary and Proper Clause between Hamilton and Jefferson came to a head in a landmark U.S. Supreme Court case, mcculloch v. maryland, 17 U.S. 316 (1819).

McCulloch v. Maryland,

The questions before the U.S. Supreme Court involved whether the state or national government held more power. Central to this issue was the Court's interpretation of the Necessary and Proper Clause. The Court held that the state of Maryland could not undermine an act of Congress. The states were subordinate to the federal government. This ruling established that Congress could use the Necessary and Proper Clause to create a bank even though the Constitution does not explicitly grant that power to Congress. Chief Justice John Marshall's opinion not only endorsed the constitutionality of the bank, but went on to uphold a broad interpretation of the federal government's powers under the Constitution. The case quickly became the legal cornerstone of subsequent expansions of federal power.

Also she is for the repealing of Roe v. Wade, by added a new Constitutional Amendment Called the Human Life Amendment..

When asked if she would try and overturn Roe v. Wade, which gives women the right to an abortion, Bachmann said she would put forth a human life amendment and do everything in her power to restrict abortions.

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