Not all powers of Congress in Art. I Sec. 8

[Sandra]

Wednesday, November 24, 2010

Not all powers of Congress in Art. I Sec. 8

FYI!

Judge Napolitano (and others) continues to repeat the error
of saying all the powers delegated to Congress are contained in
Art. I Sec. 8. He needs to correct his misstatements. Here are some
additional powers not in that section:

Art. I Sec. 4: "the Congress may at any time by Law make or
alter such Regulations, except as to the Places of chusing
Senators." "appoint a different Day."


Art. I Sec. 9:
Power to suspend habeas corpus "in Cases of Rebellion or Invasion".


Art. I Sec. 10:
Power to consent to exercise certain powers by states.


Art. II Sec 1: "The Congress may determine the Time of chusing
the Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States." Power
to compensate President.


Art. III Sec. 2:
"Exceptions, and under such Regulations as the Congress shall make."

Sec. 3:
Power to punish for treason.


Art. IV Sec. 1: "prescribe the Manner in which such Acts, Records
and Proceedings shall be proved, and the Effect thereof."

Sec. 3: Admit states into Union. "The Congress shall have Power to
dispose of and make all needful Rules and Regulations respecting
the Territory or other Property belonging to the United States"

Sec. 4: Power to "guarantee to every State in this Union a Republican
Form of Government ... and protect them".


Art. V: Power to propose amendments, call convention, or prescribe
"Mode of Ratification".

The Constitution itself, in Art. I Sec. 8 Cl. 18, refers to powers
outside Sec. 8:

"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."


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“Experience hath shown, that even under
the best forms of government those
entrusted with power have, in time, and
by slow operations, perverted it into
tyranny."
-- Thomas Jefferson
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