PDA

View Full Version : Is H.R. 1207 Constitutional?




Galileo Galilei
10-03-2009, 12:43 PM
Is H.R. 1207 Constitutional?

A week ago, I got my head chopped off, because I lent support to H.R. 992, with shouts of "unconstitutional".

But what about H.R. 1207? If the Fed is unconstitutional, then using taxpayer money for an audit would be unconstitutional.

Right?

erowe1
10-03-2009, 12:48 PM
That was that James Madison Memorial thing, right?

I recall the debate. But IIRC the question of its constitutionality wasn't the issue, so much as the question of whether the politicians have the right to spend money that doesn't belong them, whether constitutional or not.

erowe1
10-03-2009, 12:55 PM
I don't know what the specific constitutional justification for HR 1207 would be that RP might use. And, of course, as with the use of stolen money to buy memorials, the constitutionality of it is not nearly as important as the basic rightness or wrongness of it.

But one argument for the constitutionality of HR 1207 might be as follows:
1) Article I, Section 8 enumerates the legislative powers of Congress.
2) At the end of the list of enumerated powers it says, "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
3) Among those powers which are given to Congress, for which it is authorized to make all laws that are necessary and proper for their execution are:
a) "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures
-and-
b) "To provide for the Punishment of counterfeiting the Securities and current Coin of the United States"

Since auditing the Fed is necessary and proper for the execution of those two things, it is constitutional.