Publius Huldah
States need budgets -- but enumerated powers limit federal spending
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By Publius Huldah
June 15, 2015

We will never solve our political and fiscal problems if we continue in our present state of ignorance of the fundamental distinction between the federal Constitution and the State Constitutions.

With our federal Constitution, we created a national government to which we delegated only a handful of enumerated powers. If you would trouble yourself to read the federal Constitution, this fact would jump out at you and hit you over the head. [THIS simple chart will get you started.]

The federal government doesn't need a budget because Congress' spending is limited by the enumerated powers. Congress is to appropriate funds to carry out the handful of delegated powers, and then it is to pay the bills with receipts from taxes. 1

And if you read your State Constitution, you will see that those who ratified it [foolishly] created a State government of general and unlimited powers subject only to the exceptions carved out by its Declaration of Rights. 2

Since State governments were created to possess general and unlimited powers, State governments may lawfully spend money on just about anything they want. 2 Accordingly, State governments need budgets to limit their spending to receipts.

But
Federal Spending is limited by the Enumerated Powers

The federal Constitution lists the items Congress is permitted to spend money on. If you read through the federal Constitution and highlight the powers delegated to Congress and the President, you will have a complete list of the objects on which Congress is lawfully authorized to spend money. Here is the list:
  • The Census (Art. I, §2, cl. 3)

  • Publishing the Journals of the House and Senate (Art. I, §5, cl. 3)

  • Salaries of Senators and Representatives (Art. I, § 6, cl. 1)

  • Salaries of civil officers of the United States (Art. I, §6, cl. 2 & Art. II, §1, cl. 7)

  • Pay the Debts (Art. I, §8, cl. 1 & Art. VI, cl.1)

  • Pay tax collectors (Art. I, §8, cl.1)

  • Regulate commerce with foreign Nations, among the several States, and with Indian Tribes (Art. I, §8, cl.3) 3

  • Immigration office (Art. I, §8, cl.4)

  • The mint (Art. I, §8, cl. 5)

  • Attorney General to handle the small amount of authorized federal litigation involving the national government (e.g., Art. I, §8, cls. 6 & 10)

  • Post offices & post roads (Art. I, §8, cl. 7)

  • Patent & copyright office (Art. I, §8, cl. 8)

  • Federal courts (Art. I, §8, cl. 9 & Art. III, §1)

  • Military and Citizens' Militia (Art. I, §8, cls. 11-16)

  • Since Congress has general legislative authority over the federal enclaves listed in Art. I, §8, next to last clause, Congress has broad spending authority over the tiny geographical areas listed in this clause.

  • The President's entertainment expenses for foreign dignitaries (Art. II, §3); and

  • Since Congress had general legislative authority over the Western Territory before it was broken up into States, Congress could appropriate funds for the US Marshalls, federal judges, and the like for that Territory (Art. IV, §3, cl. 2).
So! That's about all Congress is authorized by our original Constitution to spend money on. 4 Did I leave anything out? To find out, take 20 minutes and, armed with a highlighter, read carefully through the original Constitution and see for yourself.

Let's look at some of the appropriations bills passed by the First Congress: 5
  • HERE is the Act for the establishment and support of Lighthouses, Beacons, Buoys, and Public Piers, of August 7, 1789 (expenditure authorized by Art. I, §8, next to last clause);

  • HERE is the Act providing for the Expenses which may attend Negotiations or Treaties with the Indian Tribes, and the appointment of Commissioners for managing the same, of August 20, 1789 (expenditure authorized by Art. I, §8, clause 3 & Art. II, §2, cl. 2);

  • HERE is the Act providing for the establishment of the Post Office, of September 22, 1789 (expenditure authorized by Art. I, §8, cl. 7); and

  • HERE is the Act providing for the compensation of federal judges and the Attorney General, of September 23, 1789 (expenditure authorized by Art. III, §1 for the federal judges; & for the AG, Art. I, §6, cl. 2 & Art. II, §2, cl. 2 & Art. I, §8, last clause)
Read these appropriations bills: They are single subject, short, easy to understand, and illustrate how appropriations bills ought to be written.

So, do you see? Congress is to make the appropriations for the objects of the enumerated powers delegated to the national government.

Pursuant to Art. I, §9, clause 7, Congress is to periodically publish a Statement and Account of Receipts and Expenditures.

We don't need a federal budget because the Constitution delegates to Congress only limited and narrowly defined authority to spend money.

Accordingly, the federal Constitution doesn't provide for a Budget. We never had a federal budget until Congress passed the unconstitutional Budget and Accounting Act of 1921.

We got the crushing federal debt because for 100 years, Congress has been IGNORING the existing constitutional limits on its spending. Most of Congress' spending is unconstitutional as outside the scope of the delegated powers.

The Answer to our political and fiscal problems is already laid out in the federal Constitution: Downsize the federal government to its enumerated powers and return the usurped powers to the States or the People.

Why are Some Pushing for a Federal Balanced Budget Amendment (BBA)?

Many of those clamoring for a federal BBA don't know about the fundamental distinction between the federal and State Constitutions. But they want to do something about the out of control federal spending; they are told a BBA is the answer; and so, without giving it much thought, they jump on the bandwagon.

But others have an evil agenda in pushing for a BBA – an agenda so evil that if they disclosed it, most Americans would reject it:

All versions of a BBA transform our federal Constitution from one which created a national government with only a few enumerated powers to a national government of general and unlimited powers. This is because BBAs substitute a "budget" for the enumerated powers; and accordingly, the national government would become lawfully authorized to spend money on whatever they put in the Budget!

That unlimited spending power on whatever they want is what would transform the national government into one of general and unlimited powers.

To add insult to injury, while all versions of a BBA pretend to limit spending; they actually permit increases in spending and increases in debt whenever a majority votes to do so. 6

Conclusion


When the history of our time is written, do not let it be said that the American People were too lazy and stupid to be free. Do not let tricksters take away our glorious Heritage. Wake up! Stop applications for a convention for a BBA from being passed in your State. If your State has already passed such an application, educate your State legislators and get them to rescind it.

Endnotes:

1 The constitutional powers of the national government were supposed to be exercised with the proceeds of excise taxes & impost tariffs, with any shortfall being made up by an apportioned assessment on the States based on population.

2 The powers of State governments are also restricted by the federal Constitution: The list of prohibited powers at Art. I, §10, and by those few powers delegated exclusively to the national government.

3 HERE is the proof of the original intent of the interstate commerce clause.

4 The 13th, 14th, 15th, 16th, 19th, 24th, and 26th Amendments increased the powers and spending of the federal government by expanding federal powers & litigation against the States and The People. It was necessary to amend the Constitution to remedy the defect of slavery; but there was a better way than the 13th -15th Amendments.

5 HERE is a helpful site for locating early Acts of Congress. Once you have the title and date of an Act, you can find the official source at the Library of Congress: e.g., THIS provides what one needs to find the official edition HERE.

6 Compact for America's pretended BBA is actually a tricky device for imposing a national sales tax or value added tax on the American People – on top of the income tax – and does nothing to limit federal spending. Yet deluded State Legislators are now proposing it in Michigan as SB 306. You can find a short and simple section by section analysis of Compact for America's BBA HERE.

© Publius Huldah

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
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Publius Huldah

Publius Huldah is a retired litigation attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge).

She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs. She also shows how The People can, by learning our Founding Principles themselves, restore our Constitutional Republic.

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