No I haven’t lost my mind but this Idea seems to wandering around some of the elites and the NY Times as an idea that time has come but they do seem to be missing a few things that will happen if the Constitution goes away! Such as the Enumerated powers.
The federal government * has three branches: Article I of the Constitution creates the legislative branch (Congress) & lists its powers; Article II creates the executive branch & lists its powers; and Article III creates the judicial branch & lists its powers. With the cancellation of the Constitution all of these powers will cease to exist!
Article I, § 8, grants to Congress the powers:
- To lay certain taxes;
- To pay the debts of the United States;
- To declare war and make rules of warfare, to raise and support armies and a navy and to make rules governing the military forces; to call forth the militia for certain purposes, and to make rules governing the militia;
- To regulate commerce with foreign Nations, and among the States, and with the Indian Tribes;
- To establish uniform Rules of Naturalization;
- To establish uniform Laws on Bankruptcies;
- To coin money and regulate the value thereof;
- To fix the standard of Weights and Measures;
- To provide for the punishment of counterfeiting;
- To establish post offices and post roads;
- To issue patents and copyrights;
- To create courts inferior to the supreme court; and
- To define and punish piracies and felonies committed on the high seas, and offenses against the Laws of Nations.
- Other provisions of the Constitution grant Congress powers to make laws regarding:
- An enumeration of the population for purposes of apportionment of Representatives and direct taxes (Art. I, § 2, cl. 3);
- Elections of Senators & Representatives (Art. I, §4, cl. 1) and their pay (Art. I, § 6);
- After 1808, to prohibit importation of slaves (Art. I, § 9, cl. 1); **
- A restricted power to suspend Writs of Habeas Corpus (Art. I, §9, cl. 2);
- To revise and control imposts or duties on imports or exports which may be laid by States (Art. I, § 10, cl. 2 &3)
- A restricted power to declare the punishment of Treason (Art. III, §3, cl. 2);
- Implementation of the Full Faith and Credit clause (Art. IV, §1); and,
- Procedures for amendments to The Constitution (Art. V).
The 13th, 14th, 15th, 16th, 19th, 23rd, 24th, & 26th Amendments grant additional powers to Congress respecting civil rights & voting rights, the public debt [lawfully incurred], income tax, successions to vacated offices, dates of assembly, and appointment of representatives from the D.C.
The Constitution authorizes Congress to exercise throughout the States these and only these powers! Without the Costitution all of these powers are null and void.
- Only on declaration of war by Congress does the President becomes the Commander in Chief of the military. – Section 2. Clause 1:
“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;”
NOTE: ONLY CONGRESS HAS THE AUTHORITY TO DECLARE WAR and money for standing armies may not be appropriated for more than two years: U.S. Constitution Article. I. Section. 8. I.e. The U.S. Constitution clearly dictates that there will be no standing army in the U.S. other than when Congress declares war which shall not be for more than two years.
- The power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. – Section 2. Clause 1.
- To make Treaties, but only by and with the Advice and Consent of the Senate and provided that two thirds of the Senators concur. – Section 2. Clause 2.
- To nominate and with the Advice and Consent of the Senate appoint the following: Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose positions are established by Law but not identified by the Constitution. But Congress vests such appointments by law. Note: Nominate, Appoint then Vest. I.e. Two thirds of Senators must approve any appointment and Congress, which includes the House and Senate can only put into office these approved nominations into office. – Section 2. Clause 2.
- To fill up Vacancies in the Senate that may happen during the Recess of the Senate. – Section 2. Clause 3.
- Give to Congress Information of the State of the Union. – Section 3.
- On extraordinary Occasions the President may convene both Houses. – Section 3.
- Receive Ambassadors and other public Ministers. Section 3.
- Take Care that the Laws be faithfully executed. – Section 3.
- Commission all the Officers of the United States. – Section 3.
- To approve any law made by congress or within ten days to veto any law that is not approved by more than two thirds of Congress. – Article I, Section 7., Clause 2.
Without the Costitution all of these powers are null and void.
(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
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.
This will mean all amendments are null and void and no longer have the force of law. All branches of the Federal government will be null and void and from the president, all members of the House and Senate as well as all Federal judges will have no standing other than as citizens like everyone else in America. Each individual states laws and powers can stay in affect but all Federal power is gone as enumerated by the Constitution.