Ron Paul’s intended elimination of the Departments of Energy, Commerce, the EPA, Social Security, Medicaid, the Minimum Wage, etc., have been based upon Ron Paul appearing out of the bushes and chirping “Unconstitutional! Unconstitutional!” like that Bloom County cartoon character who used to pop up and shrill “No Nukes! No Nukes!” in response to a hunter’s call.
Sooo. Let’s visit what the constitution actually has to say about these false claims of unconstitutionality by the elitist, racist troll Paul.
1) The Departments: Constitutional Legitimacy
“The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces. Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments, each led by an appointed member of the President's Cabinet, carry out the day-to-day administration of the federal government. They are joined in this by other executive agencies such as the CIA and Environmental Protection Agency, the heads of which are not part of the Cabinet, but who are under the full authority of the President.”
“And The Cabinet is only mentioned briefly in the Constitution, in Article 2, Section 2 with the words "he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices," and in the 25th Amendment Section 4.
Without saying so directly, the Constitution created the Cabinet with those words. Note, however, that the Constitution does not go into what the executive Departments will be, how many there will be, or what their duties should be.”
2) Specific areas of Federal Regulation of the states are stated in the Constitution:
For example, let’s start with commerce. That’s why the commerce clause, an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3) states that “the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States…,” thereby providing a constitutional basis for the federal government to regulate interstate commerce.
Defense is another specific example of an area of authority granted by the Constitution to the United States federal government. The General Welfare Clauseand the Uniformity Clause, Article 1, Section 8, states: “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.”
The Constitution also bestows upon congress the power to “promote the Progress of Science,”(Article 1, Section 8); think the Department of Energy’s Office of Science and Technology, NOAA etc., and “To constitute Tribunals inferior to the supreme Court” think Department of Justice.
Congress is authorized by Article 1, section 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.”
Remembering that the “President is responsible for the execution and enforcement of the laws created by Congress,” a clear justification for the legitimacy of the various Federal Departments is obvious.
3) The Constitution also provides for general federal areas of authority
Again, the general Welfare Clause: “Promoting the general Welfare of the United States,” has been used a justification for funding the various departments such as the Department of Education which clearly are constitutional.
In fact, the Social Security system, a favorite whipping boy of boneheads such as Ron Paul who claims Social Security is unconstitutional, was found constitutional in 1937 by the Supreme Court. In Helvering v. Davis, 301 U.S. 619 (1937), the Supreme Court upheld the program because "The proceeds of both [employee and employer] taxes are to be paid into the Treasury like internal-revenue taxes generally, and are not earmarked in any way". The Social Security Tax was found constitutional as a mere exercise of Congress's general taxation powers.
However, Medicare was designed to promote the general welfare of the United States General Welfare clause), by a congress realizing that medical care for fixed low income United States citizens promotes the general welfare of the population.
Homosaps comment: That Social Security was not found constitutional on the basis of “promoting the general Welfare of the United States” shows just how vicious and depraved the elite class enemies of the working class are.
3) Funding for the Departments
The Spending and Taxation clause, Article I, Section 8, Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause. The Constitution states that 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; It is the clause that gives the federal government of the United States its power of taxation. The clause “Promoting the general Welfare of the United States” has been used a justification for funding the various departments which clearly are constitutional.
Homosaps: comments on Departments. Only an idiot would argue that the United States does not need a federal agency to regulate radioactive materials and nuclear energy (i.e. The Department of Energy), or fishing quotas (Department of Commerce). Yeah, yeah, I know. The Constitution doesn’t specifically mention nuclear energy (who’d a thunk that; only the neocon cretins who use the fact that the constitution doesn’t specifically mention technologies that haven’t been invented yet or social concerns not extant in 1787 in an attempt to delegitimize the Departments), or that states could practically regulate issues such as fishing quotas which span states.
An examination of the current bleatings by Ron Paul and his ilk, claiming the various Federal Departments, Social Security, unions, etc., are unconstitutional reveals the true face of the de facto American aristocracy’s class war on the American worker.
The fact remains that Ron Paul is a stone cold liar when he claims that the various Departments are unconstitutional. There is clearly another agenda being pursued here, and it sure aint for the general welfare of the United States.
Go right ahead, Ronnie boy. Eliminating Social Security, Medicare, unions and the various Federal Departments will, sure as shooting, lead to a real class war.
Remember: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”