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   From: NOT-SURE@idiocracy.gov   
      
   On 8/26/22 2:05 PM, Just Wondering wrote:   
   > On 8/25/2022 7:17 PM, Rudy Canoza wrote:   
   >>>   
   >>> "There is not a single mention of education in the U.S. Constitution.   
   >> So?  With the exception of the army and the navy, there is no mention   
   >> in the Constitution of *any* of the subject areas of the 15 cabinet   
   >> departments.  The Constitution does not expressly grant any power to   
   >> create "departments."  The power is implied.   
   >   
   > The power is unconstitutionally usurped from the states.   
      
   Article II   
   Section 1. The executive Power shall be vested in a President of the   
   United States of America....   
      
      
   Article II   
   Section 2. The President shall be Commander in Chief of the Army and   
   Navy of the United States, and of the Militia of the several States,   
   when called into the actual Service of the United States; 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...   
      
   He shall have Power, by and with the Advice and Consent of the Senate,   
   to make Treaties, provided two thirds of the Senators present concur;   
   and he shall nominate, and by and with the Advice and Consent of the   
   Senate, shall appoint Ambassadors, other public Ministers and Consuls,   
   Judges of the supreme Court, and all other Officers of the United   
   States, whose Appointments are not herein otherwise provided for, and   
   which *shall be established by Law* : but the *Congress may by Law*   
   *vest* *the Appointment of such inferior Officers* , *as they think*   
   *proper* , *in the President alone* , in the Courts of Law, *or in the*   
   *Heads of Departments* .   
   ------------------------------------------------------------------   
      
   There are NO delegated powers to *create a law* that creates the   
   Department of education.  the above specifically limited that power to   
   create...   
      
   "and *which shall be established by Law* "  And we know that the law   
   says that ONLY powers delegated to the *United States* as enumerated in   
   Amendment 10, can be use by the U.S. Congress to make laws.   
      
   Which means the Democrats still need to show proof in the U.S.   
   Constitution that there is a DELEGATED POWER that allows for any Federal   
   "EDUCATION laws" being passed, where is the power to make FEDERAL   
   appropriations laws that fund education, you can't pay for the   
   Department of education without a funding law or mandate education or   
   that the United States have a Department to over see EDUCATION?   
      
   Article I   
   Section 9.   
   ...No Money shall be drawn from the Treasury, but in Consequence of   
   Appropriations made by Law; and a regular Statement and Account of the   
   Receipts and Expenditures of all public Money shall be published from   
   time to time.   
      
   Which means, they need a delegated power to create the appropriations   
   law... where is the delegated power to allow Education laws be made by   
   the U.S. Congress, be they tax laws or appropriation laws they need a   
   delegated power.   
      
   Now the 16th Amendment allows to income tax to be "from what ever   
   source" because they needed to include income from investments other   
   than your business which the original income tax was based on, as a   
   corporation tax. And since they couldn't tax your investments because   
   that wasn't a taxable item that was delegated as a power to make laws   
   on, they had to expand the corporate income tax delegated power by   
   listing *FROM WHAT EVER SOURCE* in the Amendment to be allowed to tax   
   those investments NOT previously considered income...  which means a tax   
   law is NOT an expansion of the delegated power unless that taxing power   
   is expanded to allow it to include other sources. Which means that   
   appropriations are NOT a blanket of all spending being allowed, but   
   rather all spending on previously known delegated powers... the same as   
   the 16th Amendment was drafted to fix in the income tax issue of *NOT*   
   *having delegated powers to tax your income from what ever source* so   
   they added it to the Amendment proving my point is correct.  It's a   
   PRECEDENCE and an admission that the power to write tax laws wasn't   
   unlimited and the power to write appropriations laws is also NOT unlimited.   
      
   Meaning that what isn't delegated in the Constitution, doesn't exist in   
   the eyes of the United States. They can't act where they have no   
   delegated powers.   
      
     "but the Congress may by Law vest the Appointment of such inferior   
   Officers, *as they think proper* , in the President alone, in the Courts   
   of Law, *or in the Heads of Departments* ."   
      
      
   *As they think proper* but it doesn't give them the power to delegate   
   new POWERS... so what is proper is what is Constitutional and an   
   inferior officer that sits in an education department has no   
   Constitutionally delegated power to be there. Which means creating that   
   office is *NOT* Constitutionally proper.  And that office and that   
   inferior officer is Unconstitutionally appointed by the U.S. Congress.   
      
   As is the Department of Energy... and it's why the U.S. *Environmental*   
   *Protection Agency* , rules are voluntarily accepted by States as   
   guidelines and NOT actually considered to be legal mandates to the   
   States.  There is no delegated power in the U.S. Constitution for most   
   of what the EPA does. It's another roague agency with little actual   
   Constitutional power.  The closest thing to a delegated power is that of   
   the President to declare NATIONAL parks and forests to be part of a   
   federal system of lands.   
      
   The EPA power is unconstitutionally usurped from the states.   
   The DOEnergy power is unconstitutionally usurped from the states.   
   The DOEducation power is unconstitutionally usurped from the states.   
   The FFL power is unconstitutionally usurped from the states.   
      
   Alcohol for consumption was made legal by repealing the United States   
   delegated power and returning it back to the States. So the A and the F   
   of the ATF are unconstitutional and I don't see Tobacco as a   
   Constitutional power which is why the Feds can *NOT* ban it outright and   
   instead tax it but taxing to regulate still assumes there is a Federal   
   power that allows for tobacco laws and other than interstate commerce I   
   see no delegated power to place a Federal tax on an in-STATE product or   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)