Bigfoot 88
DP Veteran
- Joined
- Jan 16, 2011
- Messages
- 2,027
- Reaction score
- 1,169
- Location
- Georgia
- Gender
- Male
- Political Leaning
- Libertarian - Right
This is always an interesting discussion for Presidential candidates. Most Republicans name off the Energy and Education departments from the Carter administration as two they would eliminate.
I think the more important question is what departments we should keep. There are currently 15 of them.
The best way to determine that in my view is to see where the enumerated powers would best fit. (There are actually at least thirty enumerated powers, by the way, as not all are included within Article 1, Section 8.) I've concluded that we should keep the Defense, State, Treasury, Justice, and Interior departments. It is all hypothetical of course and a transition would probably take a long time.
Here is how I would divide the enumerated powers (excluding the "bookends"; the preamble and necessary & proper clause) and among the departments:
Defense:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
State:
To regulate Commerce with foreign Nations
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (This overlaps with Defense)
Justice: Will handle all domestic regulatory authority, including enforcing prohibitions on the states
To regulate Commerce...among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To constitute Tribunals inferior to the supreme Court; (Note: this is for categorical purposes, as this really falls under the Judicial branch)
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof;
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.;
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted;
The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States;
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws
Treasury:
To borrow on the credit of the United States;
To coin Money, regulate the Value thereof, and of foreign Coin;
and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States;
Interior: (The miscellaneous department)
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
To establish Post Offices and Post Roads;
Fix the Standard of Weights and Measures;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
____
What departments would you keep?
I think the more important question is what departments we should keep. There are currently 15 of them.
The best way to determine that in my view is to see where the enumerated powers would best fit. (There are actually at least thirty enumerated powers, by the way, as not all are included within Article 1, Section 8.) I've concluded that we should keep the Defense, State, Treasury, Justice, and Interior departments. It is all hypothetical of course and a transition would probably take a long time.
Here is how I would divide the enumerated powers (excluding the "bookends"; the preamble and necessary & proper clause) and among the departments:
Defense:
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
State:
To regulate Commerce with foreign Nations
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (This overlaps with Defense)
Justice: Will handle all domestic regulatory authority, including enforcing prohibitions on the states
To regulate Commerce...among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To constitute Tribunals inferior to the supreme Court; (Note: this is for categorical purposes, as this really falls under the Judicial branch)
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof;
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.;
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted;
The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States;
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws
Treasury:
To borrow on the credit of the United States;
To coin Money, regulate the Value thereof, and of foreign Coin;
and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States;
Interior: (The miscellaneous department)
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
To establish Post Offices and Post Roads;
Fix the Standard of Weights and Measures;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
____
What departments would you keep?
