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I have given thought to how to respond the President's State of the Union address last night. There was so much wrong with that I just can't comment. I can only say that this is the speech The President should have given last night.

"Madame Speaker, Vice President Biden, members of Congress, justices of the Supreme Court, distinguished guests, and fellow Americans, good evening:

Our Constitution declares that I shall from time to time give the Congress information of the State of the Union and recommend for their consideration such measures I shall judge necessary and expedient. It is this event that brings us together tonight.

The State of Union is grim and we, the Congress and I, all to blame for that. So starting now, things are going to change.

January 28, 2010

First, stop with the applause. Our nation is suffering and doesn't want hear your applause.

Secondly, sit down, listen and open your minds, as you are about to hear concepts never before made from this podium.

Third, let's get down to business.

Our nation was founded with the adoption of our Constitution. If you take the time to read it, you will find that it is a wonderful powerful document. Oh, that right, you and I took an oath to uphold and defend the Constitution from enemies foreign and domestic. Unfortunately, until today we were the enemy.

Our Constitution delineated the rights of the people, powers of the Federal government and reserved all else to the individual states. Somewhere along the way, we all forgot about this. Each of you claims to carry a copy of the Constitution in your pocket. But have you read it? What about the Federalist papers, did you read those.

Too little emphasis and rhetoric is placed on politics. No emphasis is placed on the law of the land. That changes today.

Ron, I said no applause, I mean it.

I campaigned for change and was elected to lead this nation. I take that lead tonight.

Beginning right now, the job of this Congress is to fulfill the duties outlined in Article I of the Constitution. My job is to fulfill the duties outlined for me in Article II of the Constitution. The job of the justices of the Supreme Court is to fulfill the duties outlined in Article III of the Constitution.

Our Constitution created a system of checks and balances to any one branch of our government from becoming too powerful. We have not been diligent in using
these checks and as a result our government is corrupt.

The Job of the Congress is:

To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Defence and general Welfare of our nation.

To borrow money on the credit of the United States;

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

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

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;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

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, 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;

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.

The Senate shall provide advice and consent on appointments and have sole power to try impreachments.

These are a limited set of duties; my job will be to keep you within these boundaries. The Supreme Court will be the final check in the event we both fail.

So what does this mean? No more business as usual, The people have demanded a new sheriff and he just rode into town.

Let's take look at what you have been working on:

Health Care Reform - done - not going anything. Not in your purview.

Energy / Climate Control - done - not going anything. Not in your purview.

Stimulus - done - not in your purview. I am issuing an Executive Order demanding any unused funds be returned to the Treasury.

Bank & Business Bailouts - done - not in your purview. The Treasury will be instructed to recover these funds immediately.

So what's next? Beginning tomorrow the executive branch will begin a top down review of all government programs to determine the each programs constitutional mandate. The Tenth Amendment to Constitution states "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." If a program is not mandated it will be shut down, defunded on a reasonable schedule and returned to the responsibility of the states.

Within this review consideration will be given to the phrases "general welfare" and "regulate commerce among states" in Article I, Section 8 of the Constitution.

The phrase, “general Welfare” does not authorize Congress to enact any laws it claims are in the “general Welfare” of the United States. The phrase sets forth the requirement that all laws passed by Congress in Pursuance of the enumerated powers of the Constitution shall also be in the general Welfare of the United States. This was affirmed by James Madison when he wrote: “With respect to the words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”

The phrase "regulate commerce among states" only permits Congress to regulate trade among the states and does not permit Congress to regulate matters that merely affect commerce among the States.

Every department within the executive branch will complete this review within 15 days. All non-mandated programs will transitioned to the states within 6 months.

Yes, this means that thousands of government employees will lose their jobs. It is only fair, our current situation caused everyone to be threatened with job loss. Government jobs should be no different.

Yes, this means that some departments, education, energy and others will immediately go away. Our people demand it.

Even expenditures of foreign aid will be review. When our people are in need of relief, how can be giving relief to the world.

After shedding itself of all of these usurped responsibilities, our government will be leaner and agile. But our job will not yet be done. The days of the $800 dollar hammers must end. The executive branch will next undergo a top down review of every remaining budget item to determine the necessity and the cost effectiveness of the item. There will be no more waste. Each department will be asked to determine ways to cut spending.

The Congress should help in this process by providing fund only for constitutional purposes. I will do my part by vetoing any spending bill that contains provisions are not constitutionally mandated. While the Congress does have the power to override my veto, I have and will use the power to sue over the constitutionality of any vetoed provision.

The days of 1,000 or 2,000 pages bills are over. The people have spoken. My admonition to you is "keep it simple" and read it before you vote on it. One "shall" or "must", out of place, will cause a bill to be vetoed. I promise to the people, that I will read and understand every bill before I sign it into law. If it takes me 40 days to read and understand a bill it will sit on my desk for 40 days.

Today, our national debt stops growing. As reduce spending, we must begin to pay off our debt. The best way to accomplish this will be to revamp are tax system. So today, I ask the Congress to appoint a commission to determine a fair and uniform method of taxation and to report to me the results of this commission before the end of the year. This method of taxation must be constitutional, as the people are only legally obligated to pay taxes for unconstitutional purposes.

Once a revised system of taxation is place, the Congress will be asked to set a tax rate that will pay for all expenditures in the budget year that they occur and to pay 5% of the debt. No more deficits. The people can't live on IOU's. As a government we can't either.

These changes will bring about economic recovery, but we can't stop there. The Federal Reserve Bank is a beast out of control, working in secret. It controls our economy. I ask the Congress to establish a commission that will "Audit of the Fed", determine if our "fiat" currency is constitutional and in our nations interest. If this audit shows corruption, influence pedaling and illegally activity, then the Federal Reserve System should be disbanded.

We have a great deal of work ahead of us. Let's get to work. The American people are watching. I am watching and will be reporting the results of our work directly to the people. Good luck, God Bless, we are the hope of our nation. God Bless the united States of America."

He didn't say this and today we pay. November is coming and we must stand up and say "No". No to both Democrats and Republicans. The action taken in this speech must become the reality.