The Power to Ban: What the Constitution Says?


If you look at the federal laws on the books today, you will see many things are banned or heavily regulated. These banned items account for tens of thousands of Americans sitting in Federal prison. Looking over these laws one must wonder if they are truly constitutional. Is the Federal government empowered by the Constitution to make anything illegal to possess? This question is a tough one as we have so many laws already in existence that do in fact ban things.

The constitution is the supreme law.

If rules over all other laws that our government puts into place. If a law is passed by congress and signed by the president, it must abide by the restrictions of the US Constitution. I hear politicians quoting the constitution all of the time. Sometimes it is to show off that they support the tenants of our great nation. Other times it is to tell us that some law or another is not legal or moral. In practice however, almost no politician is truly honoring the constitution, as a whole. They cherry pick it to get their point across. The change the meaning of it when its words do not support their actions.

Take a serious look at these powers. Understand what exactly the US Government is allowed to do. Then ask yourself, “How is it possible that we have given up so many protections and rights?”

Article 1, Section 8 US CONSTITUTION

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

Now think about these powers.

Nothing here about banning. Nothing about taking away rights. Nothing that says that congress can make possession of something criminal.

The eighteenth amendment actually did give them that power with regards to alcohol but wait! The twenty-first amendment repealed the 18th. So the government still does not have the power to ban anything.

Another important factor of the constitution is this, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

So now you know. What are you going to do about it?