Kerry Bentivolio: A Good Step!
The Market Ticker ® - Commentary on The Capital Markets
Posted 2013-01-18 10:48
by Karl Denninger
in Politics
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Kerry Bentivolio: A Good Step!
 

Now this is a bill I can stand behind and cheer.....

WASHINGTON, DC – Today, Congressman Kerry Bentivolio co-sponsored his first bill, the Enumerated Powers Act (H.R. 109). This bill requires Congress to specify the source of authority under the United States Constitution for the enactment of laws.

“I am proud that the first bill I am co-sponsoring holds Congress accountable for its highest duty of upholding the Constitution,” said Rep. Bentivolio.  “I was sent to Congress to protect our rights, not take them away.  If this bill is enacted, it will act as a safeguard against unconstitutional legislation.”

In 2011, the House adopted a new rule requiring that a Constitutional Authority Statement is attached to each bill or resolution in the House.  The purpose was to provide the authority given to Congress to pass a law.

In December 2012, the Republican Study Committee found that many members of Congress were providing incomplete statements or simply citing the preamble.

The Enumerated Powers Act, introduced by Representative Phil Gingrey (GA-11), seeks to strengthen the Constitutional Authority Statement by requiring a concise and definite statement of authority.  Members of Congress will be able to hold their colleagues accountable for their oath to uphold the Constitution by calling for a “point of order” on inadequate or flawed statements.

The bill has been referred to the Committee on the Judiciary.

It's about damn time.

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User Info Kerry Bentivolio: A Good Step! in forum [Market-Ticker]
Steph4liberty
Posts: 1685
Incept: 2010-10-22
Gold
Raleigh, NC
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smiley
Now if only our Congresspeople knew what that silly old thing was called the Constitution.../sarc

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"Man will never be free until the last Banker is strangled with the entrails of the last Politician" - unknown

"This isn't a market anymore, it's a computer game." - Drench
Genesis
Posts: 130797
Incept: 2007-06-26
Admin A True American Patriot!
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He's actually read it, which is rare all by itself in that Den of Thieves.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Steph4liberty
Posts: 1685
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Gold
Raleigh, NC
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Yeah, I like Kerry. My clap was for him...it's the rest of them I worry about.

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"Man will never be free until the last Banker is strangled with the entrails of the last Politician" - unknown

"This isn't a market anymore, it's a computer game." - Drench
Grunwald
Posts: 262
Incept: 2012-06-01

Seattle
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I'm pretty sure that if the men who wrote the constitution realized how politics would have evolved to the point where men (and women) without any honor would occupy the positions of power, they would have placed additional and more explicid safeguards within the constitution.

I for one would love to see an amendement that all laws expire after 25 years. (or some other reasonable time)
Nelstomlinson
Posts: 124
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Juneau Alaska
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Grunwald, the only thing that will safeguard our liberties is good character and good morals in the population, because only a population with those qualities will be able to consistently elect statesmen with those qualities.

Any safeguards that might have been added by the founding fathers would be have been ignored by today's populace and politicians, just as they ignore the safeguards that were added by the founding fathers.

We have to clean up our society before we can clean up our government.
Helluvaengineer
Posts: 35
Incept: 2008-12-04

Atlanta
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Yeah, no problem. They can just bury "Commerce Clause, or whatever..." on page 4675 of every bill.
Pika-steph
Posts: 54732
Incept: 2007-09-11
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Live Free Or Die; US Army Est. 1775
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Unfortunately, it doesn't have a hope in hell of passing.

That being said, the reason for that is because it isn't just a suggestion. Parting ways from the former versions of this Bill, all language has been changed to read 'SHALL'.

http://www.govtrack.us/congress/bills/11....

It's a hardcore rule change. No source reference of authority, no Bill.

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"The only regulation that really works is failure."--Rick Santelli
Genesis
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I like the word SHALL in legislation.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Rjazz117
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I'm also a fan of "SHALL NOT".

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“To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.” Thomas Jefferson
Genesis
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Well SHALL is included in SHALL NOT smiley

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Steelhead23
Posts: 2043
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Green
Portland OR
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How about shalt? I too support this bill - but as you know, various clauses in the Constitution, particularly the commerce clause, have been expanded beyond recognition. Also, isn't this the job of the Supreme Court?

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"Give me control of a nation's money and I care not who makes it's laws" —Mayer Amschel Bauer Rothschild Benjamin Bernanke
For-profit commercial banks are a menace and should be eradicated
Frat
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Supremes can't do **** without it being brought before them. And NO, Congress policing itself is NOT the Supremes' job. This is a perfect bill, to **** all with the statist bull****.

More like this - LIMITS on .gov are GOOD.

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We're ****ed. Where's Henry Bowman when you need him?
Mpilar
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Quote:
Also, isn't this the job of the Supreme Court?

No...it's a job the Supreme Court has illegally taken upon itself.

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Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. H. L. Mencken
Rjazz117
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Mpilar, I've been pointing that out to anybody that will listen, for months now.

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“To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.” Thomas Jefferson
Coondog
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I'm pleased to see this and hope it makes it into the MSM and national discussion, but this has as much chance of passing as a balanced budget amendment.

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"The purpose of all political action should be to promote liberty. We should always maintain the conviction that free people will be able to take care of all of their needs. When government gets involved, it can do things with a lot of good intentions, but it cannot do so without undermining our liberties." - Ron Paul
Jtr
Posts: 106
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S. Calif.
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> I'm pretty sure that if the men who wrote the constitution realized how politics would have evolved to the point where men (and women) without any honor
> would occupy the positions of power, they would have placed additional and more explicid safeguards within the constitution.

That would have helped very little because the enforcement of such additional and explicit safeguards would be done by the same society that produced the corrupt politicians.
The Constitution as it stands is full of explicit safeguards. If it had been followed to the letter of the law we wouldn't be in this condition.

> I for one would love to see an amendement that all laws expire after 25 years. (or some other reasonable time)

At the end of every bill would be something like "When voting for this bill you are also voting to vote for its automatic renewal whenever it expires." If that didn't work they'd come up with some other form of automatic renewal.

The bottom line is that if people want to break the rules instead of uphold them then they will find some way or another to do it eventually.

John Adams:

"While our country remains untainted with the principles and manners which are now producing desolation in so many parts of the world; while she continues sincere, and incapable of insidious and impious policy, we shall have the strongest reason to rejoice in the local destination assigned us by Providence. But should the people of America once become capable of that deep simulation towards one another, and towards foreign nations, which assumes the language of justice and moderation while it is practising iniquity and extravagance, and displays in the most captivating manner the charming pictures of candor, frankness, and sincerity, while it is rioting in rapine and insolence, this country will be the most miserable habitation in the world; because we have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."

http://historicwords.com/american-histor....
Mjsmith
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I'm pretty sure that somewhere during law school and during congressional orientation for new members, there's a secret class where they're taught that "Shall Not" actually means "Shall."
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