JoeSparky wrote:While I support "dissolving" the ATF, why not just "dissolve" any and all federal agencies which do not have US CONSTITUTIONAL authorization for their functions? This would truly be a much loftier goal!
Article 1, Section 8, contains the "necessary and proper clause" which empowers the Congress to legislate such things as the U.S. Code, which has 54 titles within in, as well as other acts including the Judiciary Act of 1789 in which the Office of U.S. Attorney General was created under Article 3, Section 1. That's where the Federal law enforcement agencies come from.
It was upheld as constitutional under Chief Justice John Marshall.
Note that back then the SCOTUS only had 6 total justices. Not 9 like today. So we probably should be fine with just 8 for now, while Schumer filibusters any new nominations in reprisal for McConnell not bringing BHO's last one to the floor for a vote.
This clause (Art 1, Sec '8) makes it rather erroneous to assert that just because the ATF, FBI etc are not specifically mentioned in the Constitution that they are therefore unconstitutional. At least, John Marshall disagreed with you at the time.
You could probably argue that the Marines, Air Force, and Coast Guard are unconstitutional too because they are not mentioned in the Constitution either. Only the Army and Navy are.