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The framers and ratifiers wisely provided Article V, the amendment
process___ a lawful means to effect change to accommodate changing times__
and to do so by reason and choice of the people, and not by the arbitrary
acts of a national legislature or a presidential edict! This amendment
process is one of the important distinguishing characteristics of our
constitutional limited republic, as opposed to a representative democracy in
which folks in government are free to impose their will upon the people
without the peoples consent.
As Hamilton states in Federalists 78:
"until the people have by some solemn and authoritative act [a
constitutional amendment] annulled or changed the established form, it is
binding upon themselves collectively, as well as individually; and no
presumption, or even knowledge of their sentiments, can warrant their
representatives in a departure from it, prior to such an act." [see
Federalists 78, Hamilton]
Those who pretend Congress has constitutional authority to fund and regulate
stem cell research are far removed from historical fact.
In general, the founding fathers agreed free enterprise to be the best
depository in the advancement of science, and intentionally sought to
promote the Progress of Science and useful Arts by granting a limited power
to Congress to protect the work of authors and inventors by issuing patents
and copyrights only!
Madison's Notes on the convention of 1787 reveals that Charles Pickney, on
August 18th, of the federal convention, proposed a power to be vested in
Congress "To establish seminaries for the promotion of literature and the
arts and sciences", but this proposal, as many other proposals, was rejected
by the Convention, and the only power agreed upon by the Framers and
Ratifiers relating to the advancement of science, was the limited power "To
promote the Progress of Science and useful Arts, [How?] by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries."
This prohibition against government involvement in the promotion of science
was again confirmed on February 7th 1792 by Representative John Page speaking
before the House of Representatives:
"The framers of the Constitution guarded so much against a possibility of
such partial preferences as might be given, if Congress had the right to
grant them, that, even to encourage learning and useful arts, the granting
of patents is the extent of their power. And surely nothing could be less
dangerous to the sovereignty or interest of the individual States than the
encouragement which might be given to ingenious inventors or promoters of
valuable inventions in the arts and sciences. The encouragement which the
General Government might give to the fine arts, to commerce, to
manufactures, and agriculture, might, if judiciously applied, redound to the
honor of Congress, and the splendor, magnificence, and real advantage of the
United States; but the wise framers of our Constitution saw that, if
Congress had the power of exerting what has been called a royal munificence
for these purposes, Congress might, like many royal benefactors, misplace
their munificence; might elevate sycophants, and be inattentive to men
unfriendly to the views of Government; might reward the ingenuity of the
citizens of one State, and neglect a much greater genius of another. A
citizen of a powerful State it might be said, was attended to, whilst that
of one of less weight in the Federal scale was totally neglected. It is not
sufficient, to remove these objections, to say, as some gentlemen have said,
that Congress in incapable of partiality or absurdities, and that they are
as far from committing them as my colleagues or myself. I tell them the
Constitution was formed on a supposition of human frailty, and to restrain
abuses of mistaken powers."
Annals of Congress Feb 1792 Rep Page
Unfortunately, judging from the President's decision, we have learned he is
not a friend of our constitutional limited republic, but a friend of those
who are engaging in an ongoing subjugation of our nation by supplanting a
government by the rule of man, rather than the rule of law, our constitution,
which has once again been wounded and left crippled by those who took an
oath to preserve and protect it.
Article Courtesy of:
American Constitutional Research Service
727 391-1187
P.O. Box 4474
Seminole, FL 33775
Published by permission.
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