Ebryonic Stem Cells Are Not in the Constitution

In August 2001, former President George W. Bush used the presidential Executive Order to restrict federal funding for embryonic stem cell research. Today (March 9, 2009) President Obama issued a presidential tag-back with an Executive Order of his own reversing Bush’s Executive Order. Sounds like the White House has its very own nanny-nanny-boo-boo going on.

Why does this story stir up in me the inclination to march around Washington with a sign reading “HAVE YOU ACTUALLY HEARD OF THE 10TH AMENDMENT?” If the First Amendment is the most important amendment (which I think it is) then the Tenth Amendment is a close second:

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.

This wonderful statement basically means the Constitution has told all involved with the government of the United states of America exactly what is required of them. And if there is still any doubt or if any issue arises which the Constitution does not address then let the states or the people decide.

No where does the Constitution give the President or Congress the right to make laws concerning scientific research (there is also no clause giving government the right to even fund scientific research but that is a discussion for another day). And since the appropriation of federal funds concerns the use of taxpayer dollars then the people should be allowed to vote on the issue.

The issue could be stated on the ballot simply: Allow taxpayer dollars to be appropriated to embryonic stem cell research–yes or no. Voting yes means you are fine with it and voting no means that you do not want your dollars used that way. Count the votes, problem solved, constitutionally. Or if they like it can be on a state by state basis. The same ballot mentioned above may be used in this scenario as well. If a state passes the bill then taxpayer dollars from citizens from that state may be used for embryonic stem cell research funding. If another state does not pass the bill then monies from taxpayers in that state may not be used.

Instead we see President Obama and even former President Bush using the tyrannical and unconstitutional Executive Order which allows a president to be king for a day. A president may issue an Executive Order which must be carried out the same as a law and to which there is usually no Congressional resistance. If it smells like a monarchy…

This issue, along with abortion and gay marriage, should not be decided by politicians or presidents or even self-righteous judges. These federal bodies have no jurisdiction or authority in the Constitution to decide such matters. These and many other issues should be decided by the states or the people.

Politicians, for all their heartstring-plucking, We-the-People rhetoric, do not seem to know much about the most important “We the People” amendment, the Tenth Amendment.


7 Responses to “Ebryonic Stem Cells Are Not in the Constitution”

  1. 1 angi
    March 10, 2009 at 12:17 am


    I’m considering writing a blog about why embryonic stem cell research is completely unnecessary, as well as unconstitutional (but you covered that part quite well!). I wrote an entire paper on it in college.

  2. 2 Angie
    March 10, 2009 at 1:05 am

    The government seems to forget about a “fourth” branch of the government – WE THE PEOPLE – the ones that actually empower THEM. Usurpation of states’ rights and even individual liberties is nothing new with the monstrosity emanating out of DC. With so many of their actions being fundamentally unconstitutional, one cannot help but wonder how much further they will drag core Constitutional values toward an unmarked grave.

    I find it fascinating that Obama is so quick to fund embryonic stem cell research when there are case studies of individuals suffering various types of cancers related to either the process itself or directly from the embryonic cells. Will those afflicted then be denied treatment under the new socialized healthcare system, being as they are “burdening” the system?

    Excellent post, Josh.

  3. March 10, 2009 at 6:22 am

    Thank you, Angi. And thank you also, Angie.

    @Angi (no “e”) You should post that college paper. If it’s long enough you could do it in a series of posts. That would be some interesting reading.

    @Angie (with an “e”) The “fourth branch” of government”, I like that. If you wanted to create a tree analogy you could say that We the People are the trunk and the Executive, Legislative and Judicial are merely branches receiving their life and strength from the trunk. Like yu said to cut us out of the picture is to cut themselves off from the ones who empower them.

    Jesus made a similar statement about Himself and believers: “I am the vine, you are the branches.”

    I feel like Anne of Green Gables talking with all of this “with E”/”without E” business. 🙂

  4. 4 Angie
    March 10, 2009 at 12:00 pm

    Oooooooh. I like your analogy, Josh. Kind of makes me wonder if that wasn’t what the FF had in mind, too.

    If it makes it easier, I blog under “Angie Lee.” 🙂

  5. March 10, 2009 at 3:13 pm

    I haven’t seen Anne of Green Gables in probably…12 years. At least.

    So you’ll have to refresh my memory with the “e”/”no e” thing. 😉

  6. March 10, 2009 at 7:23 pm


    ha! Anne makes a big deal about spelling her name with an e. Later she meets and works for a lady named Catherine and insists that Catherine should spell her name Katherine.

    Anyway, she’s just funny about the e in her name. And so when I was saying Angie with an e or Angi without an e I just thought it was reminiscent of Anne with an e.

  7. March 11, 2009 at 10:15 am

    Ah yeah, that’s right, I remember now.

    My parents decided to be creative, I guess. My name isn’t short for anything. 🙂

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