While attending a conference of legislators, trying to get interest in my sample legislation, Save Our Children From Medical Experimentation Act, I had a problem. While I found most of the legislators would say hello, they weren’t showing any real interest in my legislation. So, when I had an idea, it was in two parts.
30-Seconds to Get Attention
As a speaker, I know that I’ve only got about 30 seconds to grab someone’s attention. Sure, I may say something later that does that, but it’s a lot harder to get someone focusing on what you’re saying if you’ve lost them at the beginning. So, after about 30 seconds, if they’re not interested, they’re gone. They may still be there, but they’re not paying attention. So once I introduced myself and my legislation, I asked them a question.
If I can prove to you in 2-minutes, that the CDC does not legally exist, using just the Constitution and opinions of the Supreme Court, would you look at my legislation?
A simple “hook”. People tend to respond to a challenge, and I just presented them one. Could I prove that the CDC does not legally exist in just two minutes? Could I do it without some crazy conspiracy theory? Game On!
Two Minutes to Prove a Federal Agency
Does Not Legally Exist
By the way, this isn’t limited to the CDC. Take any federal agency that is exercising a power not delegated to the United States by the Constitution, and it works as well. Could I do it? Here goes…
The Supremacy Clause, Article VI, Clause 2 states that the Constitution is the supreme law of the land. Only laws of the United States made pursuant to that document are also considered supreme.
The Tenth Amendment states that any power not specifically delegated to the United States by the Constitution is reserved to the States or the people.
Look as hard as you want, you will not find “Public Health” as a power delegated to the United States.
What about the General Welfare Clause? Article I, Section 8, Clause 1 states that Congress can only collect taxes to pay for three things
– Pay the Debts of the United States.
– Provide for the Common Defense of the United States.
– And the General Welfare of the United States
Capital “U”, capital “S”, which means it’s a proper noun. The very same proper noun used in the Tenth Amendment.
Not the general welfare of the states, or its people, only of the United States.
Congress claims they have that power under the Commerce Clause, Article I, Section 8, Clause 3. That says Congress has the power “To regulate Commerce with foreign Nations, and among the several States”. However, the CDC does not regulate commerce. Besides, Congress has the power to regulate commerce, but not anything that might be traded in commerce.
In desperation, some have pointed to the Necessary and Proper Clause, Article I, Section 8, Clause 18, but that says Congress has the power to make laws necessary and proper to put into execution the powers delegated to the government of the United States. Since public health is not so delegated, it is neither necessary nor proper for Congress the make such a law.
Since the CDC does not exercise a power delegated to the United States, the law creating it was repugnant to the Constitution. And, as Chief Justice Marshall of the Supreme Court said in the Marbury v. Madison opinion,
“a law repugnant to the Constitution is void“
Therefore the law creating the CDC is void, and the agency does not legally exist. Furthermore, it is fraudulent to spend any money on an agency that does not legally exist. That is otherwise known as embezzlement.
With a little bit of practice, I was able to recite all of that in just 2 minutes. I think, with a little bit of practice, you can do so as well.
I would love to say that every legislator I challenged went right off and started researching my draft legislation. They did not, though I did find this 2-minute drill to be an effective way to both show that I am knowledgeable and to help people open up to hear more. It helped that by quoting only the Constitution and the Supreme Court, I showed that I was not some crazy conspiracy theorist.
Try this drill for yourself. Pick a federal agency that does not exercise a power delegated to the United States. There are plenty to choose from. Consider the Dept. of Education, Dept. of Energy, the Environmental Protection Agency, etc. Then run your own 2-minute drill with that agency. Please be sure the agency you pick does NOT exercise a power delegated to the United States; agencies like BLM, FCC, and FAA do have some constitutional powers, they just go far beyond what is legal. And if you happen to pick an agency that is currently harming something important to your listener, even better.
Can I Learn to do This?
People often ask me how I learned to do this, but it’s not as hard as you think. There are a couple of things you might use to get started.
First, consider signing up for one of my mailing lists. I have a monthly newsletter, which talks about what is going on at The Constitution Study. Then there’s the Insider, for those who want more of a behind the scene’s view. There’s also those who get my posts delivered to their inbox. I post one article every week, with an accompanying video if you’d prefer, plus occasion notes like these that I think you might find interesting.
Second, I also have a Constitution Scholars website, where others interested in learning about the Constitution can meet, discuss topics, and learn from each other. There are communities for each state, and some other, more exclusive groups for different subjects. I frequently post articles I think you might find interesting in those groups. And all of that is free.
Another consideration is to read one of my books.
If you haven’t read the Constitution, that would be a good place to start. Don’t be intimidated about the title Read the Constitution in 30 Days!, it’s not that long, but many people find it easier to take in small 2-minute chunks. The Constitution Study is written in plain, conversational English, so it’s easy to understand.
I hope you’ll develop your own 2-minute drill. It’s a wonderful icebreaker and a great way to start a conversation about why the Constitution still matters in 2022 and on. If you join the Constitution Scholars website, post a video of your 2-minute drill to help inspire others.
Does the Constitution grant the to the Supreme Court the power to determine the constitutionality of laws?
Yes, but not the way it is used today.
“Judicial Review”, as it was understood at the time of the ratification, meant that courts were expected, while reviewing a case, to determine if the law in question was in conflict with the Constitution (supreme law) or not. If it was in conflict, then the court was bound to apply the Constitution to their decision. Furthermore, it only impacted that decision and was therefore only binding on parties to the case. This is in stark contrast to jurisprudence today, where courts claim the power to determine whether or not they will allow a violation of the Constitution, create law from the bench, and nullify actions they do not like.