“Given 19 jobs…”

When established, the federal government in the Constitution for the United States of America was given express authorization to provide 19 services which the states determined would be better handled by the Federation rather than the separate states. These 19 charges are what we will review and examine below; and since originally publishing my study, have come across more accurate leads to the information I sought.

I began my search simply reading through the constitution in search of the specific nineteen related as “the federal government’s scope and authority”. That first effort was “less than successful”… legalese is not my forte’.

Today, by stark comparison, we the “free people” as we are supposed to be, are saddled with continuing and expanding lists of “services” for which the Federal government, like a run-away stampeding herd, feel free and entitled to invent more and more services and charge us more, and more, and more of our wealth. So, what precisely was their original job?

Resources: National Archives Original Transcription; The American Presidency Project; Cornell LII Annotated US Constitution, Article 1; Cornell LII Preamble;

Status: open for discussion – I’ve found mentions of “19 specified directives” by various commenters on the scope of federal government, but very few specify such enumeration of the 19 “services”. What follows at this publication is “my search”. I have since found some more specific leads and believe that the following list is closer to accurate. Some confirmation by eyes and experience other than my own would still be appreciated.

Images from the National Archives:

from the Preamble:

19. ... secure the blessings of liberty to ourselves and our posterity (?)

Article I, Section VIII – clause 1-18 granting authority:

1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2. To borrow Money on the credit of the United States;
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
7. To establish Post Offices and post Roads;
8. 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;
9. To constitute Tribunals inferior to the supreme Court;
10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
13. To provide and maintain a Navy;
14. To make Rules for the Government and Regulation of the land and naval Forces;
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16. 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;
17. 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 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;–And
18. 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.

My earlier impressions reading a transcription:

Bear in mind, what follows is not a literal transcription, but one man’s search for the original 19 services entrusted to the federal government by the states. Your assistance, guidance, and feedback is appreciated. Comments can be entered below with a profile on the site; see the ABOUT page.

What follows in this section are my original notes on the reading of the constitution transcription to the directives according to my own interpretation. I’m am looking for and will welcome your input and any guidance you can contribute to narrowing the list to the intended original nineteen!

The Preamble:

• 1. “…provide for the common defense…“
  • possible: “establish Justice”
  • possible: “ensure domestic tranquility”
  • possible: “promote the general Welfare”
  • possible: “secure the Blessings of Liberty”
  • [NOTE: while these others could be directed, they appear general, it seems most likely that “the common defense” is the one directive that appears in the preamble.]

Article 1:

• 2. §1 – Establish representation, a “Congress of the United States, which shall consist of a Senate and House of Representatives”.
  • §2 – The House representing and elected by The People
    • turn over House of Representatives every second Year by the People of the several States
    • “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative
    • the House bears “the sole Power of Impeachment”
  • §3 – The Senate representing and elected by the Legislature of each State.
    • Establish a Senate composed of “two Senators from each State, chosen by the Legislature thereof” for a term of “six Years; and each Senator shall have one Vote.”
    • Senate terms shall be six years
    • Senate seats are divided into thirds so that “one third may be chosen every second Year…”
    • “The Senate shall have the sole Power to try all Impeachments.”
  • [NOTE: of significance is that Senators are to be chosen by the legislature of the states and NOT by the people. Senators are entrusted with and should be protecting State Rights against an over-reaching federal government.]
• 3. §4 – prescribe elections “in each State by the Legislature thereof”
  • “the Places of chusing Senators…” is a regulation not to be altered.
  • [NOTE: is then the choosing of Senators by popular vote of the people an illegal convention apart from the intention of foundation documents?]
• 4. §4 – Assemble Congress “at least once in every Year…”
  • the date and duration they are free to reassign themselves
• 5. §5 – “Each House (Representatives and Senators) shall keep a Journal of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.”
  • They are to publish their journals “from time to time… excepting such Parts as may in their Judgment require Secrecy”
  • [NOTE: they are to “police themselves”; what could possibly go wrong…]
• §6 – “Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law…“
  • these enjoy limited diplomatic immunity while Congress is in session and while traveling to and from the Congress (meeting).
  • These are to be kept from “civil Office” during their tenure in Congress
  • [NOTE: “ascertained by Law” …which they themselves have opportunity to legislate. again, what could possibly go wrong?]
• 6. §7 – provide for appropriation of the federal treasury: “Bills for raising Revenue shall originate in the House of Representatives…” to be concurred in the Senate and presented to the President for approval and signature or vetoed with objections, returned to the originating body (House or Senate), and entered to their journal.
  • If after reconsideration the Bill passes each the House and Senate by two-thirds vote, the Bill is considered Law without the President’s approval or signature.
  • The same bill may become Law as if signed by the President if the President does not respond with approval or veto within ten days (less Sundays).
• §8 – “The Congress shall have the Power To
• 7. §8 – lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States…”
• 8. §8 – “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
• 9. §8 – “To establish an uniform Rule of Naturalization…”
• 10. §8 To establish… “uniform Laws on the subject of Bankruptcies throughout the United States;”
• 11. §8 “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;”
  • [NOTE: how does one both “fix the Standard of Weights and Measures” and also “regulate the Value thereof” in terms of coin? These are opposing functions. I can however see regulating the Value of foreign coin in comparison to our own as we cannot regulate the making, substance, and therefore the inherent standard or value of another nation’s coin.]
  • related: “to provide for Punishment of counterfeiting the Securities and current Coin of the United States”
• 12. §8 – “To establish Post Offices and post Roads“
• 13. §8 – [Copyright, Patent and Trademark] – “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;”
• 14. §8 – “To constitute Tribunals inferior to the supreme Court;”
  • in order “to define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;”
• 15. §8 – “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”
  • Letters of Marque and Reprisal: “written authority granted to a private person by a government to seize the subjects of a foreign state or their goods. specifically : a license granted to a private person to fit out an armed ship to plunder the enemy.” (Merriam-Webster).
  • under “declare War”: “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;”
• 16. §8 – “To provide and maintain a Navy;”
  • [NOTE: A Navy, which might seem to be related to “declare war”, but armies are occupying forces of foreign territory and naval forces are defensive forces on the seas, and can project when needed offensive power around the world by the seas. The Navy also hosts it’s own capable land forces in organizations such as the Navy Seals, and the U.S. Marine Corps. These are often put to work today, lawfully or otherwise, notably absent any declaration of war.]
• 17. §8 – “To make Rules for the Government and Regulation of the land and naval Forces;”
• 18. §8 – “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…”
• 19. §8 – “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;—And”
  • “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.”
  • [NOTE: …and this in my opinion is where all the crap that rolls downhill lands and festers. This passage reads differently indeed when you define the terms in use according to how they were intended rather than how you are “expected to interpret them” by semantic deceit and misrepresentation. The “United States” is a registered corporate organization run from without “the continental United States of America”. The people, the governed, are conditioned to see those two as synonymous; they are not. “The District” is under control of this separate corporation and the Constitution vests power in “Authority over all Places… to make all Laws… and all Powers vested by this Constitution in the Government of the United States…” In essence, absolute dictatorial control from without the country over anything they can legislate and get away with; which in recent months, has been painfully evident. You’ll hear it in their commentary when they mention “our democracy”. We know the continental United States of America is a Republic; it’s their ten-square-miles of “District” that operate as the “United States”; the democracy which they control in autocratic despotism that they are so fond of protecting.]

Article II: Section 1-4, Executive Branch

• §1-4 provides for an Executive Officer, a president as Administrator
• §2: describes the duties of the Executive Officer; The President
  • “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, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
• [NOTE: I have heard it stated that no President bore the authorization as “Commander in Chief of the Army and Navy of the United States” until Abraham Lincoln issued the first executive order for the “President of the United States“; in itself a topic of great interest worthy of examination.” The easily-accessed executive order info doesn’t seem to support that claim (American Presidency Project)]
  • 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.
  • The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
• 20. §2: “Congress may… vest the Appointment of such inferior Officers… in the President alone, in the Courts of Law, or in the Heads of Departments“
  • [NOTE: so Congress may decide what executive officer or group may appoint positions for those “not herein otherwise provided for”, or not specified in the Constitution.]
• §3: “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Article III: The Judicial Branch

• §1 – “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”
• §2 – “…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…”
• [NOTE: Many “violations” for which Americans are charged are not actually “crimes”; as crimes are specified to be “trespass of rights and property” or “damages resulting from actions committed” upon you or your property.]

Article IV: States

• 21. §1 – “…Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof…” in relation to “Full Faith and Credit [which shall be] given in each State to the public Acts, Records, and judicial Proceedings of every other State…”
• 22. §3 – “New States may be admitted by the Congress into this Union; but… [not] without the Consent of the Legislatures of the States concerned as well as of the Congress.
• 23. §3 – “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.”
• 24. §4 – “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
• [NOTE: we are “guaranteed” a Republican form of government; a significant point]

Article V: Amendments to the Constitution

• 25. “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments…”

Article VI: “Supreme Law”

• p2 “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
• 26. p3 – “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”