Saturday, March 4, 2017

Trump's First Address to Congress: Constitutional Score, 52.6%

Sigh. This is the kind of article no author ever wants to write. With that said, I am a man who is committed by oath to the defense of the Constitution, thus there is no escaping it.

Let me say at the outset of this review of President’s Trump’s address to Congress that I’m am not necessarily a Trump supporter. Neither am I particularly against him. In fact, I’m quite happy and relieved that he won over Clinton. President Trump is neither conservative—meaning small government—nor concerned with the Constitution in spite of his recent oath to uphold it. Where he does score high with me is that he tends to make liberal’s heads explode. Anybody who can make Chuck Schumer cry is deserving of some credit.

While I could never vote for him I am not a Never Trumper because such people, mostly establishment RINOs, would hate him even for the things he can do right. I am not a Democrat; they would hate him—in spite of the fact that I think President Trump most properly would be a Democrat—for the unforgivable sin of putting an “R” next to his name and beating Hillary. I am a Constitutional Conservative which means ONLY two things; small government, under the Constitution. If you have to categorize me in hash tag terms I am most properly defined as #AlwaysConstitution. In this I guess you could call me an extremist; so be it. I once volunteered my life in oath to its defense so I might as well defend it.

If President Trump scored high in his understanding of the constitutional system during his speeches, and enacted policy compliant in accordance with it, I would not only board the Trump Train but I would volunteer to pull it across the country with my teeth if need be.

Watching this speech was a very surreal moment for me. For the last hundred years or so the Republicans were the party who stood up for the Constitution while the Democrats generally opposed it. Now it would seem that the Republicans either have to face the fact that Donald Trump is not one of them or they have abandoned the Constitution. Line after line the president delivered unto the American People proposals for the use of federal power that are not supported by the Constitution. With each one the party whose purpose was the defense of it applauded the proposals for its violation. In the mean time the people on the other side of the aisle sat on their hands, not because they traditionally opposed the things he was saying, but instead because it was him who has an “R” by his name that was saying them.

It's not Donald Trump that bothers me. It's the idea that the American People have so forgotten and misunderstood the Constitution that they think Donald Trump is actually following it.

He isn't, as you will see below, but I don’t want you to trust me on this. Read it. Read Trump's policy statements. Compare them to the Constitution. Then think for yourself. That’s why I write this article and others like it. Even so it would be better to do this exercise for yourself.

For those who have not read any of my constitutional reviews of speeches the rules are simple. Any time the person giving the speech mentions the use of federal power for something, I reference the appropriate Article, Section, Clause or Amendment in square brackets. [Red] in brackets means I found something from the Constitution that supports it. [Blue] means there is something unconstitutional. At the end of the speech I count them up and give the percentage of each. It should be noted that unless he specifies otherwise, anything he mentions will be taken as a proposed use of federal power. Also it should be mentioned that if he says he is going to do something that is properly a power of another branch it would count against him.

This time I’m going to use an additional color for [ambiguous mentions] that I can’t decide based on the context. I’m also going to add a color for [my own commentary]. This way the reader can easily tell the difference between my own comments and those of the president.

Also, where the Constitution applies, I will include a specific reference, usually in square brackets. Within those there will be a series of numbers and letters referring to the appropriate section of the Constitution. [A1S8C3] would be Article One, Section Eight, Clause Three of the Constitution. [10A] would be the Tenth Amendment. In some places there will be more than one mention of power. For those there will be a dash and a number representing the number of powers mentioned.

Generally speaking, if a power is not mentioned specifically within the Constitution, the Tenth Amendment applies, meaning that the named use of power belongs to the States and the People. That is the way the system is supposed to work.

So without further ado …


Thank you very much. Mr. Speaker, Mr. Vice President, members of Congress, the first lady of the United States and citizens of America, tonight, as we mark the conclusion of our celebration of Black History Month, we are reminded of our nation’s path toward civil rights and the work that still remains to be done. [10A] [While the federal government is prohibited from interfering with certain rights it in no way makes them responsible for providing or maintaining rights. This isn’t to say that it isn’t a concern, because it is, it’s just not a responsibility of the federal government.]

Recent threats targeting Jewish community centers and vandalism of Jewish cemeteries, as well as last week’s shooting in Kansas City, remind us that while we may be a nation divided on policies, we are a country that stands united in condemning hate and evil in all of its very ugly forms.

Each American generation passes the torch of truth, liberty and justice, in an unbroken chain all the way down to the present. That torch is now in our hands. And we will use it to light up the world.

I am here tonight to deliver a message of unity and strength, and it is a message deeply delivered from my heart. A new chapter of American greatness is now beginning. A new national pride is sweeping across our nation. And a new surge of optimism is placing impossible dreams firmly within our grasp. What we are witnessing today is the renewal of the American spirit. Our allies will find that America is once again ready to lead.

All the nations of the world — friend or foe — will find that America is strong, America is proud, and America is free. In nine years, the United States will celebrate the 250th anniversary of our founding, 250 years since the day we declared our independence. It will be one of the great milestones in the history of the world.

But what will America look like as we reach our 250th year? What kind of country will we leave for our children? I will not allow the mistakes of recent decades past to define the course of our future.
For too long, we’ve watched our middle class shrink as we’ve exported our jobs [10A-2] and wealth to foreign countries. [A2S2 and A1S8C3] We’ve financed and built one global project after another, [10A] but ignored the fates of our children [10A,] in the inner cities of Chicago, Baltimore, Detroit and so many other places throughout our land. [It is not in the power of the federal government to worry about classes or jobs. The fate of children anywhere is not a responsibility of the federal government. Regarding the global projects, this is not a power either but he sounds like he is against this, which would be good, but he doesn’t exactly specify here what he intends to do about it.]

We’ve defended the borders of other nations while leaving our own borders wide open for anyone to cross [A1S8C4] and for drugs to pour in at a now unprecedented rate. [10A] And we’ve spent trillions and trillions of dollars overseas, while our infrastructure at home has so badly crumbled. [10A] [There is no provision in the Constitution for the federal government to do anything about drugs, UNLESS you want to count the Commerce Clause, which would only apply if it was legal trade. There is also no provision for infrastructure. There is no federal authority to spend money overseas.]

Then, in 2016, the earth shifted beneath our feet. The rebellion started as a quiet protest, spoken by families of all colors and creeds, families who just wanted a fair shot for their children, and a fair hearing for their concerns.

But then the quiet voices became a loud chorus, as thousands of citizens now spoke out together, from cities small and large, all across our country.

Finally, the chorus became an earthquake, and the people turned out by the tens of millions, and they were all united by one very simple, but crucial demand, that America must put its own citizens first, because only then can we truly make America great again.

Dying industries will come roaring back to life. [10A] Heroic veterans will get the care they so desperately need. Our military will be given the resources its brave warriors so richly deserve. [A1S8, various clauses, +2] [Industry, being composed of privately owned businesses, is not the responsibility of the federal government under the Constitution.]

Crumbling infrastructure will be replaced with new roads, bridges, tunnels, airports and railways, [10A] gleaming across our very, very beautiful land. Our terrible drug epidemic will slow down and ultimately stop. And our neglected inner cities will see a rebirth of hope, safety and opportunity. [10A-2] Drugs, unless legalized, as already covered, are none of the president’s business, nor the business of the federal government. It is a power of the States and the People.

Above all else, we will keep our promises to the American people.

Thank you. It’s been a little over a month since my inauguration, and I want to take this moment to update the nation on the progress I’ve made in keeping those promises. Since my election, Ford, Fiat-Chrysler, General Motors, Sprint, Softbank, Lockheed, Intel, Walmart and many others have announced that they will invest billions and billions of dollars in the United States and will create tens of thousands of new American jobs. [10A] [Good, really, but none of your business and unconstitutional IF you used federal power to do it.]

The stock market has gained almost $3 trillion in value since the election on Nov. 8, a record. We’ve saved taxpayers hundreds of millions of dollars by bringing down the price of fantastic — and it is a fantastic — new F-35 jet fighter, and we’ll be saving billions more on contracts all across our government. [A1S8, various power of military and taxation +2] [On the stock market, good, but the stock market is none of your business as far as the powers of the president are concerned.]

We have placed a hiring freeze on nonmilitary and nonessential federal workers. [A1S8 and A2 are both littered with this kind of power.]

We have begun to drain the swamp of government corruption by imposing a five-year ban on lobbying by executive branch officials [10A] — and a lifetime ban ... Thank you. Thank you. And a lifetime ban on becoming lobbyists for a foreign government. [10A] We have undertaken a historic effort to massively reduce job-crushing regulations, creating a deregulation task force inside of every government agency and we’re imposing a new rule which mandates that for every one new regulation, two old regulations must be eliminated. [All well within federal powers of A2 and A1.] [Regarding the bans on lobbying there is a lot to be said about this. First, there is no power of the federal government to regulate what a person can’t do for employment after he has left his job within the federal government; security concerns notwithstanding. Second, if you guys would just follow the Constitution as it is written there would be no such thing as lobbyists to begin with.]

We’re going to stop the regulations that threaten the future and livelihood of our great coal miners. [A1S8 and A2 in general]

We have cleared the way for the construction of the Keystone and Dakota Access Pipelines thereby creating tens of thousands of jobs. [10A] And I’ve issued a new directive that new American pipelines be made with American steel. [10A] [Under what constitutional authority does the president have the power to direct anybody to buy, or not, anything from anybody?]

We have withdrawn the United States from the job-killing Trans-Pacific Partnership. [A1S8C3 and A2S2C2] [I must note, again, jobs are none of the federal government’s business.]

And with the help of Prime Minister Justin Trudeau, we have formed a council with our neighbors in Canada to help ensure that women entrepreneurs have access to the networks, markets and capital they need to start a business and live out their financial dreams. [10A] [I can’t seem to find the “women entrepreneurs and their financial dreams” clause which grants him that power.]

To protect our citizens, I have directed the Department of Justice to form a task force on reducing violent crime. I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the director of national intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread all across our nation. [This is complicated for me by the fact that I don’t believe all of these agencies are necessary. But I can find no constitutional reference against them either, except depending on how the words “protect” and “crime” are meant and the length of the measures he intends to employ against crime. Some very big Fourth Amendment issues could spring up because of this. It is well within the authority, per Article Two, for the president to uphold the law. It is within the power of both branches to establish departments needed to handle things. I should count this paragraph as purple, or ambiguous, because of these doubts but in the end “protection of our citizens” is the phrase that made me decide on red.]

We will stop the drugs from pouring into our country and poisoning our youth, and we will expand treatment for those who have become so badly addicted. [10A] [This should be done but not by the federal government. It is just not in their defined powers unless as I have mentioned before.]

At the same time, my administration has answered the pleas of the American people for immigration enforcement and border security. [A1S8C4]

By finally enforcing our immigration laws, we will raise wages, help the unemployed, save billions and billions of dollars, and make our communities safer for everyone. [A1S8C4] [It should be noted that wages and unemployed are none of the federal government’s business. There is no “Jobs Clause” within the Constitution. However as mentioned here, as a natural extension of consequence from enforcing A1S8C4 I’m giving the benefit of the doubt and not counting it against him.]

We want all Americans to succeed, but that can’t happen in an environment of lawless chaos.
We must restore integrity and the rule of law at our borders. [A1S8C4]

For that reason, we will soon begin the construction of a great, great wall along our southern border. [A1S8C4]

As we speak tonight, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our very innocent citizens. Bad ones are going out as I speak, and as I promised throughout the campaign. To any in Congress who do not believe we should enforce our laws, I would ask you this one question: What would you say to the American family that loses their jobs, their income or their loved one because America refused to uphold its laws and defend its borders? [A1S8C4] [I have to note that I’m somewhat apprehensive about this because of possible Fourth Amendment issues but in the context of enforcing the borders I can’t count it against him.]

Our obligation is to serve, protect and defend the citizens of the United States. We are also taking strong measures to protect our nation from radical Islamic terrorism. [A1S8, various clauses referring to defense and military. Also A2S2.] [This is within the context of national security against an enemy sworn to destroy us.]

According to data provided by the Department of Justice, the vast majority of individuals convicted of terrorism and terrorism-related offenses since 9/11 came here from outside of our country. We have seen the attacks at home, from Boston to San Bernardino to the Pentagon and, yes, even the World Trade Center. We have seen the attacks in France, in Belgium, in Germany and all over the world.
It is not compassionate, but reckless to allow uncontrolled entry from places where proper vetting cannot occur. [A1S8C4]

Those given the high honor of admission to the United States should support this country and love its people and its values. We cannot allow a beachhead of terrorism to form inside America, and we cannot allow our nation to become a sanctuary for extremists. [A1S8C4]

That is why my administration has been working on improved vetting procedures, and we will shortly take new steps to keep our nation safe, and to keep those out who will do us harm. [A1S8C4 and A2S1 and 2]

As promised, I directed the Department of Defense to develop a plan to demolish and destroy ISIS, a network of lawless savages that have slaughtered Muslims and Christians, and men, women and children of all faiths and all beliefs. We will work with our allies, including our friends and allies in the Muslim world, to extinguish this vile enemy from our planet. [I can’t decide what to do with this one. If he would have said he wished to extinguish this vile enemy from our country I’d have passed it with no problem. But he said planet. It is true that it may be necessary to destroy ISIS everywhere on the planet for our security. I have no problem with that. On the flip side of the coin, everywhere on the planet is not under the Constitutional authority of either the president, the federal government, the States or the People.]

I have also imposed new sanctions on entities and individuals who support Iran’s ballistic missile program, and reaffirmed our unbreakable alliance with the state of Israel. [A2S2C2]

Finally, I have kept my promise to appoint a justice to the United States Supreme Court, from my list of 20 judges, who will defend our Constitution. [A2S2C2] [BRAVO!!!! Very well done Mister President!]

I am greatly honored to have Maureen Scalia with us in the gallery tonight.

Thank you, Maureen. Her late, great husband, Antonin Scalia, will forever be a symbol of American justice.

To fill his seat, we have chosen Judge Neil Gorsuch, a man of incredible skill and deep devotion to the law. He was confirmed unanimously by the Court of Appeals, and I am asking the Senate to swiftly approve his nomination. [A2S2C2]

Tonight, as I outline the next steps we must take as a country, we must honestly acknowledge the circumstances we inherited. Ninety-four million Americans are out of the labor force. Over 43 million people are now living in poverty. And over 43 million Americans are on food stamps. [Per the 10A none of which are any of the federal government’s business as defined by the Constitution. And none of which would have happened had the federal government followed in the first place. But these are given as a statistical fact rather than a plan of action so they don’t count against him … yet. The same applies for the next couple of paragraphs.]

More than one in five people in their prime working years are not working. We have the worst financial recovery in 65 years. In the last eight years, the past administration has put on more new debt than nearly all of the other presidents combined.

We’ve lost more than one-fourth of our manufacturing jobs since Nafta was approved and we’ve lost 60,000 factories since China joined the World Trade Organization in 2001. Our trade deficit in goods with the world last year was nearly $800 billion. And overseas, we have inherited a series of tragic foreign policy disasters.

Solving these and so many other pressing problems will require us to work past the differences of party. It will require us to tap into the American spirit that has overcome every challenge throughout our long and storied history. But to accomplish our goals at home and abroad, we must restart the engine of the American economy, [10A] making it easier for companies to do business in the United States [A1S8, various clauses regarding taxes and commerce] and much, much harder for companies to leave our country. [10A] [Just how in the hell is it any of the government’s business where anybody goes to do business? By what moral code do you have the right to say that anybody can’t leave America for any damn reason that they want? As if those persons and companies inherently belong to us? This is one of those anti-freedom statements that I just can’t abide. Why not just build a wall topped with barbed wire, surrounded by sharp shooters to keep people and private businesses from leaving Comrade? FREEDOM, IN ORDER TO EXIST AT ALL, HAS TO INCLUDE THE RIGHT TO LEAVE!!! All else is slavery.]

Right now, American companies are taxed at one of the highest rates anywhere in the world. My economic team is developing historic tax reform that will reduce the tax rate on our companies so they can compete and thrive anywhere and with anyone. [A1S8, all references regarding taxes]

It will be a big, big cut. [A1S8, again]

At the same time, we will provide massive tax relief for the middle class. [A1S8, taxes again] We must create a level playing field for American companies and our workers — have to do it. [I’m giving him an ambiguous reference here because he hasn’t specified how yet. But he will. And it won’t be good. Guaranteed.]

Currently, when we ship products out of America, many other countries make us pay very high tariffs and taxes, but when foreign companies ship their products into America, we charge them nothing or almost nothing. [A1S8, taxes]

I just met with officials and workers from a great American company, Harley-Davidson. In fact, they proudly displayed five of their magnificent motorcycles, made in the U.S.A., on the front lawn of the White House.

And they wanted me to ride one, and I said, “No, thank you.”

At our meeting, I asked them, “How are you doing? How is business?” They said that it’s good. I asked them further, “How are you doing with other countries, mainly international sales?”

They told me — without even complaining, because they have been so mistreated for so long that they’ve become used to it — that it’s very hard to do business with other countries, because they tax our goods at such a high rate. They said that in the case of another country, they taxed their motorcycles at 100 percent.

They weren’t even asking for a change. But I am. I believe ...

I believe strongly in free trade, but it also has to be fair trade. It’s been a long time since we had fair trade. [A2S2C2, treaties. Also A1S8, taxes.] [While this is definitely within constitutional power I think it doesn't make sense. Free trade, by definition and its very nature, IS fair trade.]

[Think about it. Pete lives in Timbuktu and makes gizmos. I need a decent quality gizmo at a reasonable price. So I, in freedom, agree to buy your gizmo. Completely free. Completely fair. Everybody happy.]

[Now consider Bill who lives in Detroit and also makes gizmos. But Bill's gizmos, at the same quality, cost twice as much. Bill complains to the federal government that this is somehow "unfair" because he can't compete with Pete. So the federal government, to “help” Bill, puts a tariff on Pete from Timbuktu’s gizmos so that the price is artificially raised to the level of Bill’s. Now I, as an American consumer have to pay more for any gizmo that I should want. I no longer have the option to buy the cheap gizmo I wanted. That’s inflation. More money for less gizmos. That, by definition, is neither free nor fair.]

[Who wins here? Well, the “uncorrupted” federal government is getting a crap load of money funneled to it for artificially inflating the price of gizmos. Very likely select representatives are also getting money from Bill’s union for their reelection. The bitter irony is that the problem was likely caused by the government taxing the crap out of everybody domestically to begin with, thus creating the conditions where Bill can’t do business at the same price as Pete.]

[What should have happened here? The federal government should lower the cost of doing business in America so Bill could compete with Pete in his gizmo pricing. Then we have free and fair trade, at a price that anybody can afford. But almost as important, the federal government has kept its hands out of our business.]

The first Republican president, Abraham Lincoln, warned that “the abandonment of the protective policy by the American government will produce want and ruin among our people.”

Lincoln was right, and it’s time we heeded his advice and his words.

I am not going to let America and its great companies and workers be taken — advantage of us any longer. They have taken advantage of our country no longer.

I am going to bring back millions of jobs. [10A] Protecting our workers [10A] also means reforming our system of legal immigration. [A2S2C2, treaties. Also A1S8, taxes and commerce. Also A1S8C4, immigration. +2]

[Here is the point where things have gone very, very bad. While most of the preceding paragraphs are constitutional powers I can’t abide the reference to Lincoln. What he is talking about here is protectionist tariffs. While they look good for workers in industrial sections of the country they still cost the American people because they drive up the costs of the products. This hurts the agricultural sections of the country. Any and all taxes, regardless of if they are domestic or tariffs on overseas products, are paid for by the American People.]

[As bad as that is there is something much, much worse underneath. Protectionist tariffs were the real economic cause of the “Civil War.” The last time they were tried resulted in the country being divided in a violent conflict which killed more people, both military and civilian, than all other American wars combined. Abraham Lincoln, not only from the constitutionally dismal standpoint, was the worst American president, whose actions resulted in more political deaths in this country than Idi Amin in his country. In every practical measurable sense he was a tyrant.]

The current, outdated system depresses wages for our poorest workers and puts great pressure on taxpayers. Nations around the world, like Canada, Australia and many others, have a merit-based immigration system.

It’s a basic principle that those seeking to enter a country ought to be able to support themselves financially. Yet in America we do not enforce this rule, straining the very public resources that our poorest citizens rely upon.

According to the National Academy of Sciences, our current immigration system costs American taxpayers many billions of dollars a year. Switching away from this current system of lower-skilled immigration, and instead adopting a merit-based system, we will have so many more benefits. It will save countless dollars, raise workers’ wages and help struggling families, including immigrant families, enter the middle class. And they will do it quickly, and they will be very, very happy, indeed. [A1S8C4] [Within the context of immigration rules and their natural consequences I’m okay with this.]

I believe that real and positive immigration reform is possible, as long as we focus on the following goals: to improve jobs and wages for Americans, to strengthen our nation’s security and to restore respect for our laws. [A1S8C4] [Again, within the context of immigration rules and their natural consequences I’m okay with this.]

If we are guided by the well-being of American citizens, [10A] then I believe Republicans and Democrats can work together to achieve an outcome that has eluded our country for decades. [It is not the well being of the American citizens that you are sworn to uphold. It is the Constitution. Article One, Section Eight, Clause One of that document specifies the “general Welfare of the United States.” The operative word to the sentence being “States.” It does not say the general Welfare of the People, or the Citizens. It says the States. The People’s business, or welfare, is none of your business in a free and constitutional society.]

Another Republican president, Dwight D. Eisenhower, initiated the last truly great national infrastructure program: the building of the interstate highway system. The time has come for a new program of national rebuilding. [10A] [That was unconstitutional too. Two wrongs don’t make a right.]

America has spent approximately $6 trillion in the Middle East, all the while our infrastructure at home is crumbling. [10A] [I’m going to give him a plus on the $6 trillion here because he seems to be against this expenditure. There is nothing in the Constitution to support taking taxpayer money from Americans and giving it to other countries. On the down side, there is also no infrastructure clause anywhere in the Constitution.]

With the $6 trillion, we could have rebuilt our country twice, and maybe even three times, if we had people who had the ability to negotiate. [10A] [Again, this is not a federal power!]

To launch our national rebuilding, I will be asking Congress to approve legislation that produces a $1 trillion investment in infrastructure of the United States, financed through both public and private capital, creating millions of new jobs. [10A -2] [Infrastructure clause in the Constitution is where exactly?]

This effort will be guided by two core principles: Buy American and hire American. [10A] [Who are you to tell people who to buy from and who to hire? Can’t find either in the Constitution.]

Tonight, I am also calling on this Congress to repeal and replace Obamacare with reforms that expand choice, increase access, lower costs and at the same time provide better health care. [10A] [The People’s health care is none of your business. You have no authority to do anything about it whatsoever.]

Mandating every American to buy government-approved health insurance was never the right solution for our country. [10A]

The way to make health insurance available to everyone is to lower the cost of health insurance, and that is what we are going to do. [10A] [It is none of your business what any private company charges anybody for anything.]

Obamacare premiums nationwide have increased by double and triple digits. As an example, Arizona went up 116 percent last year alone. Gov. Matt Bevin of Kentucky just said Obamacare is failing in his state, the state of Kentucky, and it’s unsustainable and collapsing.

One third of the counties have only one insurer, and they’re losing them fast, they are losing them so fast. They’re leaving. And many Americans have no choice at all. There’s no choice left.

Remember when you were told that you could keep your doctor and keep your plan? We now know that all of those promises have been totally broken. Obamacare is collapsing and we must act decisively to protect all Americans. [10A] [So repeal it. You have no authority under the Constitution to replace it. Any replacement would be just as unconstitutional.]

Action is not a choice; it is a necessity. So I am calling on all Democrats and Republicans in Congress to work with us to save Americans from this imploding Obamacare disaster. [A1S8] [You can call on them and repeal laws; particularly unconstitutional ones.]

Here are the principles that should guide Congress as we move to create a better health care system for all Americans. [10A] [Again, you have no authority to create a health care system. The government is not an insurance agency or medical industry. It is a gross overreach of federal authority to act in this capacity. Not to mention completely outside of the realm of common sense.]

First, we should ensure that Americans with pre-existing conditions have access to coverage and that we have a stable transition for Americans currently enrolled in the health care exchanges. [10A]

Secondly, we should help Americans purchase their own coverage, through the use of tax credits and expanded health savings accounts, [10A] but it must be the plan they want, not the plan forced on them by our government.

Thirdly, we should give our state governors the resources and flexibility they need with Medicaid to make sure no one is left out. [10A] [This one is gross in the extreme. Just who the hell do you think you are to “give our state governors” anything? You have presidential power because that’s what the States have given you in the election. You serve the States. You are in no position to grant them anything regarding health care of any State’s citizens.]

Fourth, we should implement legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance and work to bring down the artificially high price of drugs and bring them down immediately. [10A] [What clause in the Constitution gives you the authority to control prices of any privately owned business? Without government interference they wouldn’t have gone up in the first place.]

And finally, the time has come to give Americans the freedom to purchase health insurance across state lines which will create a truly competitive national marketplace that will bring costs way down and provide far better care. [10A] So important. [It was never within federal authority to prohibit the sale across state lines anyway. Thus I’m making it red and giving him a point for that in spite of my objections to the phrase, “give the Americans the freedom.” Who are you do define what our freedoms are? It is us that you serve, not the other way around.]

Everything that is broken in our country can be fixed. Every problem can be solved. And every hurting family can find healing and hope. [10A -3] Our citizens deserve this, and so much more, so why not join forces and finally get the job done and get it done right? [It is not your job to use federal power to “fix” everything that is broken or solve every problem or find healing and hope.]

On this and so many other things, Democrats and Republicans should get together and unite for the good of our country and for the good of the American people. [Sigh. I agree with the stated intent but the method of big and unconstitutional government you’ve stated so far in this speech is how things got so screwed up to begin with.]

My administration wants to work with members of both parties to make child care accessible and affordable, to help ensure new parents that they have paid family leave to invest in women’s health, and to promote clean air and clean water, [10A] and to rebuild our military [A1S8, military clauses, and  A2S2] and our infrastructure. [10A] [You have the authority to do anything to the military along those lines but the rest is not of your business. I just can’t find “child care,” “paid family leave,” anywhere in the Constitution. I also still can’t find the “Infrastructure Clause.”]

True love for our people requires us to find common ground, to advance the common good, and to cooperate on behalf of every American child who deserves a much brighter future. [All apparently under the edicts and whims of the federal government; hail the Chief! AMEN!] [Sorry, I kind of got out of control there! But there is only so much I can take.]

An incredible young woman is with us this evening who should serve as an inspiration to us all. Today is Rare Disease Day, and joining us in the gallery is a rare disease survivor, Megan Crowley. Megan ...

Megan was diagnosed with Pompe disease, a rare and serious illness, when she was 15 months old. She was not expected to live past 5. On receiving this news, Megan’s dad, John, fought with everything he had to save the life of his precious child. He founded a company to look for a cure and helped develop the drug that saved Megan’s life. Today she is 20 years old and a sophomore at Notre Dame.

Megan’s story is about the unbounded power of a father’s love for a daughter. But our slow and burdensome approval process at the Food and Drug Administration keeps too many advances, like the one that saved Megan’s life, from reaching those in need. [10A]

If we slash the restraints, not just at the F.D.A. but across our government, then we will be blessed with far more miracles just like Megan. [10A]

In fact, our children will grow up in a nation of miracles. But to achieve this future, we must enrich the mind — and the souls — of every American child. Education is the civil rights issue of our time. [10A] [I can’t find the Education Clause in the Constitution. Could you please direct me to it? I also can’t find the Enrich the Souls of Children Clause.]

I am calling upon members of both parties to pass an education bill that funds school choice for disadvantaged youth, including millions of African-American and Latino children. [10A] [Still can’t find the Education Clause.]

These families should be free to choose the public, private, charter, magnet, religious or home school that is right for them. [10A] [YES THEY SHOULD!!!]

Joining us tonight in the gallery is a remarkable woman, Denisha Merriweather. As a young girl, Denisha struggled in school and failed third grade twice. But then she was able to enroll in a private center for learning — great learning center — with the help of a tax credit [10A] and a scholarship program. Today, she is the first in her family to graduate, not just from high school, but from college. Later this year, she will get her master’s degree in social work. We want all children to be able to break the cycle of poverty just like Denisha. [Good for her! Very well done! I feel at this point that I have to say that I am very much in favor of education. You could say it’s part of my religion. But just to be clear, how my child is educated is none of the federal government’s business.]

But to break the cycle of poverty, we must also break the cycle of violence. The murder rate in 2015 experienced its largest single-year increase in nearly half a century. In Chicago, more than 4,000 people were shot last year alone, and the murder rate so far this year has been even higher. This is not acceptable in our society. [10A] [Isn’t it the business of the good people of Chicago to worry about how much crime is in their city rather than yours?]

Every American child should be able to grow up in a safe community, to attend a great school and to have access to a high-paying job. [Yes they should. But again, how is it you think you have that authority?]

But to create this future, we must work with — not against — not against — the men and women of law enforcement. [A1 and A2] [Yay! That is a valid part of the job description!]

We must build bridges of cooperation and trust, not drive the wedge of disunity and it’s — really, it’s what it is, division. It’s pure, unadulterated division. We have to unify. Police and sheriffs are members of our community. They’re friends and neighbors, they’re mothers and fathers, sons and daughters, and they leave behind loved ones every day who worry about whether or not they’ll come home safe and sound. We must support the incredible men and women of law enforcement. [Couldn’t agree more! But I’m not coloring it because it is a general statement rather than a specific use of power.]

And we must support the victims of crime. [10A] I have ordered the Department of Homeland Security to create an office to serve American victims. The office is called Voice, Victims of Immigration Crime Engagement. [10A] [I can’t find the Serve American Victims Clause in the Constitution.]

We are providing a voice to those who have been ignored by our media and silenced by special interests. [10A] Joining us, joining us in the audience tonight are four very brave Americans whose government failed them. Their names are Jamiel Shaw, Susan Oliver, Jenna Oliver and Jessica Davis. Jamiel’s 17-year-old son was viciously murdered by an illegal immigrant gang member who had just been released from prison. Jamiel Shaw Jr. was an incredible young man with unlimited potential who was getting ready to go to college, where he would have excelled as a great college quarterback.
But he never got the chance. His father, who is in the audience tonight, has become a very good friend of mine. Jamiel, thank you. Thank you.

Also with us are Susan Oliver and Jessica Davis. Their husbands — Deputy Sheriff Danny Oliver and Detective Michael Davis — were slain in the line of duty in California. They were pillars of their community. These brave men were viciously gunned down by an illegal immigrant with a criminal record and two prior deportations. Should have never been in our country. [A1S8C4]

Sitting with Susan is her daughter, Jenna. Jenna, I want you to know that your father was a hero and that tonight you have the love of an entire country supporting you and praying for you.

To Jamiel, Jenna, Susan and Jessica, I want you to know that we will never stop fighting for justice. Your loved ones will never, ever be forgotten. We will always honor their memory.

[Regarding the preceding paragraphs, it is a good and compassionate thing to say things that help victims and get them back into life. I support that effort in full on a personal basis. But as a president using the full force of the federal government to do so; no way. It is nice, to be certain, but it is not a federal power, nor should it be.]

Finally, to keep America safe, we must provide the men and women of the United States military with the tools they need to prevent war — if they must — they have to fight and they only have to win. [A1S8, all military clauses, and A2S2] [As a veteran I support this a hundred percent!]

I am sending Congress a budget that rebuilds the military, eliminates the defense sequester and calls for one of the largest increases in national defense spending in American history. [A1S8, all military clauses, and A2S2]

My budget will also increase funding for our veterans. Our veterans have delivered for this nation, and now we must deliver for them. [A1S8, all military clauses, and A2S2]

The challenges we face as a nation are great. But our people are even greater. And none are greater or braver than those who fight for America in uniform. [YAY!!!]

We are blessed to be joined tonight by Carryn Owens, the widow of U.S. Navy special operator, Senior Chief William “Ryan” Owens. Ryan died as he lived, a warrior and a hero, battling against terrorism and securing our nation.

I just spoke to our great General Mattis just now who reconfirmed that, and I quote, “Ryan was a part of a highly successful raid that generated large amounts of vital intelligence that will lead to many more victories in the future against our enemy.”

Ryan’s legacy is etched into eternity. Thank you.

And Ryan is looking down right now. You know that. And he’s very happy, because I think he just broke a record.

For as the Bible teaches us, there is no greater act of love than to lay down one’s life for one’s friends. Ryan laid down his life for his friends, for his country and for our freedom. And we will never forget Ryan.

To those allies who wonder what kind of a friend America will be, look no further than the heroes who wear our uniform. Our foreign policy calls for a direct, robust and meaningful engagement with the world. It is American leadership based on vital security interests that we share with our allies all across the globe.

We strongly support NATO, an alliance forged through the bonds of two world wars, that dethroned fascism and a Cold War and defeated communism.

But our partners must meet their financial obligations. And now, based on our very strong and frank discussions, they are beginning to do just that. In fact, I can tell you the money is pouring in. Very nice.

We expect our partners, whether in NATO, in the Middle East or in the Pacific, to take a direct and meaningful role in both strategic and military operations, and pay their fair share of the cost — have to do that.

We will respect historic institutions, but we will respect the foreign rights of all nations. And they have to respect our rights as a nation, also.

Free nations are the best vehicle for expressing the will of the people, and America respects the right of all nations to chart their own path. My job is not to represent the world. My job is to represent the United States of America. [Technically speaking your job is to uphold the Constitution but representation of us could be considered to be part of that.]

But we know that America is better off when there is less conflict, not more. We must learn from the mistakes of the past. We have seen the war and the destruction that have ravaged and raged throughout the world. All across the world.

The only long-term solution for these humanitarian disasters, in many cases, is to create the conditions where displaced persons can safely return home and begin the long, long process of rebuilding.

America is willing to find new friends, and to forge new partnerships, where shared interests align. We want harmony and stability, not war and conflict. We want peace, wherever peace can be found. America is friends today with former enemies. Some of our closest allies, decades ago, fought on the opposite side of these terrible, terrible wars. This history should give us all faith in the possibilities for a better world.

Hopefully, the 250th year for America will see a world that is more peaceful, more just, and more free.
On our 100th anniversary in 1876, citizens from across our nation came to Philadelphia to celebrate America’s centennial. At that celebration, the country’s builders and artists and inventors showed off their wonderful creations. Alexander Graham Bell displayed his telephone for the first time. Remington unveiled the first typewriter. An early attempt was made at electric light. Thomas Edison showed an automatic telegraph and an electric pen. Imagine the wonders our country could know in America’s 250th year.

Think of the marvels we could achieve if we simply set free the dreams of our people. Cures to the illnesses that have always plagued us are not too much to hope. American footprints on distant worlds are not too big a dream. Millions lifted from welfare to work is not too much to expect. And streets where mothers are safe from fear — schools where children learn in peace, and jobs where Americans prosper and grow — are not too much to ask. [I’m rating this as ambiguous because he could be saying the government needs to do it, however, it does contain the statement, “simply set free the dreams of our people.” This is a founding characteristic and principle of our county, assuming it is done without the federal government stomping all over it with overreaching powers.]

When we have all of this, we will have made America greater than ever before, for all Americans. This is our vision. This is our mission. But we can only get there together. We are one people, with one destiny.
We all bleed the same blood. We all salute the same great American flag. And we are all made by the same God.

When we fulfill this vision, when we celebrate our 250 years of glorious freedom, we will look back on tonight as when this new chapter of American greatness began. The time for small thinking is over. The time for trivial fights is behind us. We just need the courage to share the dreams that fill our hearts, the bravery to express the hopes that stir our souls, and the confidence to turn those hopes and those dreams into action.

From now on, America will be empowered by our aspirations, not burdened by our fears, inspired by the future, not bound by failures of the past, and guided by a vision, not blinded by our doubts.
I am asking all citizens to embrace this renewal of the American spirit. I am asking all members of Congress to join me in dreaming big and bold and daring things for our country. I am asking everyone watching tonight to seize this moment. Believe in yourselves. Believe in your future. And believe, once more, in America.

Thank you, God bless you, and God bless the United States.

[You might have noticed that I didn’t color too much of it over the last couple of pages. The simple reason being that foreign policy is all constitutional, assuming that we are not taking money from American taxpayers and giving it to other countries. Military powers and uses are not really limited. Neither are diplomatic relations. This is one area the Constitution gives the government almost absolute free reign. These kinds of things, interaction with other countries, are the best uses of federal government. Whether we agree with these policies or not are not germane to this article.]

[Most of the rest of it past that is what I call cheerleading. It’s good to hear and it makes us feel good. It was well done, again assuming that the intent wasn’t to promote the use of federal power into those areas of our lives.]


So the bottom line on this speech is that I counted forty-five references to the use of federal power which are not supported in the Constitution. There were fifty references to the use of federal power which are supported by the Constitution. I didn’t count the ambiguous references in the total count so that makes the total count ninety-five.

This comes to a percentage of 47.3% unconstitutional and conversely, 52.6 percent constitutional.

I think, as this is a developing system of rating, I should create a relative scale. Let’s say as an arbitrary, that less than a third constitutional would be flaming liberal Marxist Land. Between one third and two thirds would be RINO Territory. Anything to the north of two thirds but less than ninety percent would be Generally Conservative Territory. Anything north of ninety percent would be True and Honorable Conservatives.

In this rating the president’s speech was more conservative than liberal; barely, but he still lands in RINO territory. This would explain the applause from the many RINOs in the chamber during this speech.

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