Claiming Necessity to Infringe on Your Rights

by | Jan 10, 2022 |

Print Friendly, PDF & Email

Does the Constitution delegate to Congress the power to write laws that infringe on your rights? Article I, Section 8, Clause 18 of the Constitution is the Necessary and Proper Clause.

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.

(U.S. Constitution, Article I, Section 8, Clause 18)

Does that mean Congress can pass any law which they think is necessary and proper? Congress thinks so. In Section 24220 of H.R.3684 – Infrastructure Investment and Jobs Act Congress finds” it necessary to require new cars to test to see if you are intoxicated before driving. Is that a power vested in the government of the United States?

Im sure there are plenty of Americans out there who think requiring technology to be put in cars to prevent drunk driving is necessary. Let me remind you of what William Pitt (the Younger) said:

Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

(William Pitt (the Younger), Speech in the House of Commons, November 18, 1783)

Like most Americans, I think operating a two-ton machine while impaired is dangerous and irresponsible. Does that mean its within the power of the federal government to impose their opinion of how best to deal with this problem on the American people? Its not a question of whether the technology is good or bad or even if this is a viable method of reducing drunk driving. Instead, its a question of whether the federal government has the legitimate power to do so.

CongressReasoning

Congress found several reasons why they should pass such legislation.

(a) Findings.–Congress finds that – (1) alcohol-impaired driving fatalities represent approximately 1/3 of all highway fatalities in the United States each year; (2) in 2019, there were 10,142 alcohol-impaired driving fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; (3) the estimated economic cost for alcohol-impaired driving in 2010 was $44,000,000,000; (4) according to the Insurance Institute for Highway Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and (5) to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles.

(H.R. 3684 §24220)

Lets assume that the first four statements are true. Does that mean Congress has the legal authority to tell car manufacturers that certain technology must be included in their products? Does Congress have the legal authority to tell the American people they must have and pay for this technology in their property, whether they want it or not? Where do property rights, liberty, and responsibility come into play?

Property and Liberty

No person shall … be deprived of life, liberty, or property, without due process of law;

(U.S. Constitution, Amendment V)

In H.R. 3684 Congress once again is taking control of your property. When you purchase a vehicle, its your property. This legislation claims to allow the United States to further take control of that property by defining what technology must be in it. Furthermore, it claims the power to restrain your ability to purchase a vehicle without this technology. In his 1828 dictionary, Noah Webster defined liberty this way:

1. Freedom from restraint, in a general sense, and applicable to the body, or to the will or mind. …

3. Civil liberty is the liberty of men in a state of society, or natural liberty so far only abridged and restrained, as is necessary and expedient for the safety and interest of the society, state, or nation. A restraint of natural liberty not necessary or expedient for the public is tyranny or oppression.

(LIBERTY – Websters 1828 Dictionary)

You may be asking yourself what this has to do with drunk driving laws? If civil liberty is the state of society where you can live free, where the only restraints allowed are those necessary to the safety and interest of society, then we need to ask if section 24220 of the H.R. 3684 is necessary for the safety of society?

Driving while impaired is not only a danger to the driver but to anyone else around them. Therefore, a law punishing the act is necessary to the safety and interests of society and not a violation of ones liberty. Does that, however, extend to the new vehicle requirements in H.R. 3684?

The primary purpose of the advanced drunk and impaired driving technology described in H.R. 3684 is to prevent the driver from driving while impaired. In other words, its an attempt to save the driver from him or herself, which then, by extension, makes society safer. Like any technology, it will not be 100% effective. Meaning there will be times when an impaired driver will not be stopped by this technology and other times when it will prevent a non-impaired driver from using their property. Not to mention the likelihood that there will be people who will find ways to defeat the new technology or simply purchase older cars that do not include it. It imposes a restraint on all citizens as a punishment for the actions of a few. If drunk, impaired driving is as dangerous as Congress says though, why not require this type of technology? Put another way, if you have nothing to hide, why oppose this legislation?

The answer is simple: Although I have nothing to hide, I have everything to protect.

Impaired driving prevention technology has been available for years, and has been required as a punishment for those convicted of a crime. On the other hand, this legislation treats everyone as guilty, requiring they prove that they are not drunk without any probable cause. It deprives them of the liberty to not have to deal with or pay for technology without due process of law. It also deprives them of control of their property without due process of law. In the end, this makes it a violation of the Fifth Amendment to the U.S. Constitution.

WATCH THE VIDEO AND SUBSCRIBE ON RUMBLE

Commerce Clause

Congress claims the power to legislate motor vehicle safety standards under the Commerce Clause.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

(U.S. Constitution, Article I, Section 8, Clause 3 — Commerce Clause)

Since most vehicles sold in the United States are manufactured either outside of the country, or within a handful of states, the car you drive was most likely sold over state lines. Hence, Congress claims the authority to regulate” any aspect of motor vehicles. Was that what the Framers of the Constitution meant by regulating commerce?

To subject to rules or restrictions; as, to regulate trade; to regulate diet.

(REGULATE – Websters 1828 Dictionary)

This legislation, and indeed most of Title 49, regulate the product, not the commerce of the product. Can the regulation of commerce legally be used to violate the civil liberty of the American people?

I have to admit, this law posed a conundrum for me. My first instinct is to oppose it simply because, once again, we see Congress telling the American people how to live their lives. There are parallels between Section 24220 in H.R. 3684 and legislation such as fuel mileage, helmet, and seat belt laws that, while well-intentioned, violate the rights of motor vehicle operators everywhere. On the other hand, drunk and impaired driving is a danger to others in society, which brings into question if it is a violation of civil liberty. I believe those who drive while intoxicated or impaired should be held accountable for the damage they do. Im also in favor of sentences for drunk or impaired driving that require some sort of prevention system for the guilty. However, is the just response to treat everyone as a drunk driver until they prove otherwise?

Did our Founding Fathers imagine the Commerce Clause to be used not simply to regulate commerce across state and national borders, but as an excuse to regulate anything that goes across these borders? Regulation of transportation is not a power delegated to the United States, so it remains with the states or the people. Yet Congress claims the power to regulate motor vehicle safety simply because the majority of those vehicles were, at some point, sold across state lines.

With all of the reports about stricter laws and harsher penalties regarding drunk or impaired driving, is Congress meddling in something thats already being dealt with at the state level? And what about innovation? H.R. 3684 looks to passively monitor the performance of the driver. There are already technologies available to do so and more in development, from lane diversion and obstacle alerts, to monitoring the drivers’ eyes for attentiveness. While some of these technologies are available in modern cars, some are not ready yet. So if the Secretary of Transportation is allowed to pick which systems will be approved, well have no idea how many other technologies will not see the light of day. All because Congress thinks they know better than the states and the American people. If history is any guide, the people who wish to drink and drive will outsmart any ideas Congress can come up with.

Which brings me back to William Pitt (the Younger)

Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

(William Pitt (the Younger), Speech in the House of Commons, November 18, 1783)

The argument of Congress that this must be done to keep people safe, is just another tyrannical attempt to punish the innocent for the crimes of the guilty. And while I believe the drunk driver should be punished for the harm they do, I am not willing to enslave myself to government simply because they say so.

Paul Engel

Author and speaker Paul Engel has spent more than 20 years studying and teaching about both the Bible and the U.S. Constitution. That experience helps Paul explain difficult concepts in a way most people can understand. As one manager described, “Paul can take the most complex idea and explain it in a way my grandmother can understand.” Freely admitting that he “learned more about our Constitution from School House Rock (a Saturday morning cartoon) than in 12 years of school,” he says that anyone can be a constitutional scholar. Since 2014 I have been helping everyday Americans read and study the Constitution of their country and teaching the rising generation to be free. Using news and current events as a springboard, I explain the Constitution and encourage others to stand up and secure the blessings of liberty for themselves, their children, and the nation.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

Disclaimer: The information contained in this website is for educational, general information, and entertainment purposes only and is never intended to constitute medical or legal advice or to replace the personalized care of a primary care practitioner or legal expert.

While we endeavor to keep this information up to date and correct, the information provided by America Out Loud, its website(s), and any properties (including its radio shows and podcasts) makes no representations, or warranties of any kind, expressed, or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to its website(s) or the information, products, services or related graphics and images contained on the website(s) for any purpose.

The opinions expressed on the website(s), and the opinions expressed on the radio shows and podcasts, are the opinions of the show hosts and do not necessarily represent the opinions, beliefs, or policies of anyone or any entity we may endorse. Any reliance you place on such information is therefore strictly at your own risk.

At no time, nor in any event, will we be liable for any loss, or damage, including without limitation, indirect or consequential loss of data or profits arising out of, in an association of, or connection with the use of this website.

Through this website, users can link to other websites that may be listed. Those websites are not under the control of America Out Loud or its brands. We have no control over the nature, content, or availability of those sites. America Out Loud has no control over what the sites do with the information they collect. The inclusion of any links does not necessarily imply a recommendation, nor does it endorse the views expressed with or by them.

Every effort is made to keep the website up and running smoothly. However, America Out Loud takes no responsibility for, nor are we, and will not be liable for being temporarily unavailable due to technical difficulties beyond our control. America Out Loud does not sell, trade, nor market email addresses or other personal data.

Use the code ‘OUTLOUD’ and receive your 20% discount on your first order.

George Orwell, Meet Doctor Fucinstein

George Orwell, Meet Doctor Fucinstein

More than 800,000 people perished in America alone; drug use, alcoholism, and suicide rates escalated; children’s social skills and educational performance plummeted, and businesses and family budgets collapsed. And following repeated public misinformation regarding the monster’s bioengineered “gain-of-function” origins and originators, lots of people increasingly wondered…

One Size Fits All is the Very Essence of Socialism

One Size Fits All is the Very Essence of Socialism

They blame it all on the unvaccinated because Socialists would rather people die a few years down the road from implanted myocardia heart disease injected by mandated vac’s into all Americans today. The pushback has caused the government to turn to bureaucratic bureaus (OSHA) to mandate that all American citizens submit to unproven one-size-fits-all vaccinations and constantly wear face coverings that are useless…

America’s Wind Turbines Increase Energy Cost and Endanger Us All

America’s Wind Turbines Increase Energy Cost and Endanger Us All

Wind is even more intermittent than you could imagine, abruptly varying its energy output. Every turbine has a range of wind speeds, usually between 30 miles per hour (mph) and 55 mph, in which it will produce its maximum rated electric output. At lower speeds, the production falls off considerably. At wind speeds above the maximum rate for a turbine, the blades…

America has an Economic Virus

America has an Economic Virus

Whenever the government says, it wants to “help,” watch out! The problem is going to get worse. Why? Because government is meddling where it doesn’t belong. Because government is meddling where it has no expertise. Because government meddling imposes top-down “solutions” that are not based on free-market supply and demand. It always backfires…

The Global Western Cabal End Game

The Global Western Cabal End Game

The pandemic is becoming permanent, even as it ends. Why? Because we did not pass the cabal’s election laws. Had we allowed the cabal to make fraud the norm in every state, then they would have been able to throw future elections even without a pandemic. We did not pass those laws so now the pandemic is permanent…

The Light at the End of the Tunnel

The Light at the End of the Tunnel

At the moment, Socialists hold the reins of power in their hands, and in doing so, they have weaponized the DoJ, FBI, CIA, IRS, and Homeland Security significantly enough to change the Patriot Acts definition of who constitutes domestic terrorists. For the Democrat Party, control is essential, and seeing the light of an oncoming train, they are desperately attempting to rearrange…

OSHA & HHS Vaccine Mandates Oral Arguments

OSHA & HHS Vaccine Mandates Oral Arguments

This case is not about whether vaccines are effective, useful, or a good idea. It’s about whether this federal executive branch agency has the power to force millions of people working for or with a Medicare or Medicaid provider to undergo an invasive, irrevocable, forced medical treatment, a COVID shot. It’s a bureaucratic power move that is unprecedented…

A Scientific Reawakening at the Lincoln Memorial

A Scientific Reawakening at the Lincoln Memorial

The “Defeat the Mandates” march called for an end to vaccine mandates nationwide. Dr. Peter McCullough applauded the doctors and health care workers who stood on the steps of the Lincoln Memorial, and those throughout the nation that fought the good fight against medical tyranny. “We never had a full-throated endorsement from our government agencies, the CDC, the NIH, and the FDA, nor the White House task force,”…

Biden’s Forthcoming Failure in the Middle East Will Have Worldwide Implications

Biden’s Forthcoming Failure in the Middle East Will Have Worldwide Implications

Since Biden has come to office, almost every nation that used to depend upon America for their security is realizing how wrong they have been and are now either arming themselves with more weapons or re-aligning with China and Russia, even if temporary. What is brewing in the Middle East – as I have been repeatedly warning – is a Nuclear confrontation because…

COVID Q & A with Dr. Peter McCullough #14

COVID Q & A with Dr. Peter McCullough #14

Can Dr. McCullough, talk more about pericarditis? Everyone mentions myocarditis, but there are never any statistics mentioned for pericarditis. In Australia, there are twice as many reports of pericarditis than myocarditis from vaccines. What are the dangers of having Covid naturally and then getting vaccinated? Wasn’t there a thought that you should not get vaccinated for 90 days after having Covid?

Hunter Biden, Paul Pelosi Jr. and A Swamp of Thieves

Hunter Biden, Paul Pelosi Jr. and A Swamp of Thieves

Hunter Biden was earning an $80,000 monthly salary from the Ukrainian energy company and why he concocted a billion-dollar deal with a Chinese investment firm, 10% of all earnings of which were destined for the coffers of the family’s mob boss, Joe Biden himself. But why stop with the Biden’s? Speaker Pelosi’s son, Paul Pelosi Jr. has been linked to at least five businesses under investigation for alleged fraud…

Global Failure of Public Health on Pandemic Response

Global Failure of Public Health on Pandemic Response

PM Boris Johnson announced that his country is to move into mitigated COVID restrictions, dropping the legal requirement for face masks and COVID passports. Meanwhile, the European Union drug regulators warned frequent COVID boosters could adversely affect the immune system. While both of these developments are not declaring an end to mass vaccination, they are setting the framework to announce a…

The China Virus Game of Funding Cover-Up

The China Virus Game of Funding Cover-Up

A close examination of the newly unredacted emails reveals that none of the usual justifications for redactions, such as private information about people or threats to sources and methods, apply. All appear to have been made solely to shield Fauci and the NIH from scrutiny over its cover-up of the virus’ origins. Also involved in the obfuscation effort were Fauci’s boss, recently retired NIH Dir Dr. Francis Collins…

Your Source for Free Speech, Talk Radio, Podcasts, and News.

 

Here we take on the challenges of our generation so that we can preserve future generations. Please consider making a contribution in the fight for liberty!

Header

Word to the Nation: Guard zealously your right to serve in the Armed Forces, for without them, there will be no other rights to guard. - President John F. Kennedy

iHeartRadio

The APPS are free; the mission is priceless!

Free APP
Healthycell Telomere

Podcast Networks

Apple Podcasts
Google Podcasts
Spotify
Pandora
Tunein
iHeart
Stitcher

Subscribe and Listen on Your Favorite APP

Our Columnists and Show Hosts

Truth For Health

Apple Podcasts

COVID Solution Summit

Apple Podcasts

Evacuating Americans & fully-vetted Afghan's at Risk - Help Us!

Apple Podcasts

Empowering and mentoring conservative trailblazers from Generation Z to win!

Apple Podcasts

Turning Point Action is Recruiting Precinct Chairs - Become a Grassroots Warrior Today!

Apple Podcasts

URGENT - KEEP NINE
Please join us to protect the Supreme Court:
Sign the Petition!

Apple Podcasts

The LATINO USA EXIT from the Democrat Party, click for details...

Apple Podcasts

Fighting corporate censorship and ensuring voter integrity...

Apple Podcasts

Support wounded and fallen police officers. The Wounded Blue.

Wounded Blue
Share via
Copy link