ConservaBill
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Being relative fresh meat hear I've just noticed that with all these forums there is none specifically regarding the Constitution.
Since the activist Chief Justice Marshal (BO's hero) decided that he and his judiciary stood above the Constitution, and adjudicated themselves power beyond it; there has been a slow (up til now) crawl away from it's directives. Not the least of which is Congresses willingness to fore go the Constitution to provide ever-expanding role in the federal government in the business granted the States by the Constitution it's self.
Does anyone else see the folly of ignoring the framing documents, and if you agree with ignoring the Constitution, what rational do you claim to support the actions of the Federal government outside those "enumerated within".
If you are not familiar with the documents, please read them before responding.
To the Leftists now in charge of our government, the Constitution is a loathesome impediment to the realization of their dreams and strategies. Something stronger than the Constitution must be employed to stop them.
I concur.. Bush is a progressive Republican, and bears responsibility for many failures of the Constitution, not the least of which the Patriot Act.
He did not carry well the responsibilities of the constitution, nor do I think that McCain would have done much better... Progressivism it's what stinks in D.C. and the odor comes from both sides of the isle!
Being relative fresh meat hear I've just noticed that with all these forums there is none specifically regarding the Constitution.
Since the activist Chief Justice Marshal (BO's hero) decided that he and his judiciary stood above the Constitution, and adjudicated themselves power beyond it; there has been a slow (up til now) crawl away from it's directives. Not the least of which is Congresses willingness to fore go the Constitution to provide ever-expanding role in the federal government in the business granted the States by the Constitution it's self.
Does anyone else see the folly of ignoring the framing documents, and if you agree with ignoring the Constitution, what rational do you claim to support the actions of the Federal government outside those "enumerated within".
If you are not familiar with the documents, please read them before responding.
You're complaining about judicial activism starting with Marshall?
Don't you think that things tend to become part of the mainstream over, say, 200 years?
Yeah sure... there have been Statists since the inception and I believe that the Constitution was written in direct opposition to them in a general fashion.
BUT I do believe that Marshal's court was the tipping point and were the SCOUS derived much of it's illicit power.. basically the fork in what was a somewhat bumpy road up until that point...
I don't claim that there shouldn't be debate over the intent of the Constitution, but that Washington in general has diverted from it's intent by holding themselves above it.. THAT started with Marshal's power grabs and his courts decisions to legitimize diversion form the intent... and the expansion of power resulting from his court's decisions, both immediate and through time.
My point is that even if we assume you're 100% right, the fact that the "tipping point" was 200 years ago means that you're not going to get it tipped back any day soon. It's more useful to look at where we are right now and work from there.
I concur.. Bush is a progressive Republican, and bears responsibility for many failures of the Constitution, not the least of which the Patriot Act.
He did not carry well the responsibilities of the constitution, nor do I think that McCain would have done much better... Progressivism it's what stinks in D.C. and the odor comes from both sides of the isle!
My point is that even if we assume you're 100% right, the fact that the "tipping point" was 200 years ago means that you're not going to get it tipped back any day soon. It's more useful to look at where we are right now and work from there.
I think everyone can agree that there were egregious violations of the Constitution during the Bush years and most were pushed through in the same or similar manner that Obama is attempting to use now. But we need to concentrate on what is today rather than what was then.
Obama has over stepped his authority with regard to the economy and is pushing legislation that will further erode private ownership of the insurance industry along with all of health care of America and placing the economy under so much stress with Cap and Trade he will be able further erode the Constitution as he uses fear tactics to push for changes that will strengthen his position and continue to weaken States Rights along with the rights of individuals to make their own decisions.
Actually, they were quite minor compared to what had been done before, and what's being done now.
The Constitution permits suspending habeas corpus in times of emergency, which is the most egregious thing people list.
The Constitution does not permit:
Nationalization of public schools
The Federal Reserve
The FDA
The interdiction of narcotics and other drugs, including the concept of "civil forfeiture" law.
Nationalization of the electromagnetic spectrum for broadcasting purposes
Surrender of national sovereignity to any international body, including the UN.
Ponzi-scheme styled retirement plans.
Federal home mortgage guarantees or any similar interference of government in business.
Regulation of everything, abusing the Interstate Commerce clause as cover.
Farm subsidies.
Health care subsidies, let alone health care nationalization.
Interfering in bank lending practices such as the CRA.
Any gun regulation/control legislation.
Automobile CAFE standards.
The bad habit of undeclared wars.
Welfare checks.
etc
etc
etc
vomit.
Incorrect.
(I'm not going to bother explaining why again, but I'm simply noting that you're wrong so that others don't come across your post and mistakenly believe that anything it contains is factually accurate.)
Yes, you're incorrect. We're used to that.
Note that you didn't refute a single point made.
The U.S. Constitution was:
1. Consciously and admittedly written in general terms which would require clarification from the courts and other bodies of government.
2. Subject to interpretative disputes as to what power it apportioned to the federal government and states amongst its framers before it was even adopted, and even including the Bill of Rights.
There was never a libertarian age of constitutional thought or a consensus of any kind as to its meaning.
Take a look at this thread.
http://www.debatepolitics.com/government-separation-powers/49720-taking-bets-feds-vs-states.html
RIGHTinNYC:
I have reviewed your posts as I am a relative newbie here and though you claim to have explained "dozens" of times I can't see anything but a bunch of 1, 2 and a couple 3 liners..
So why don't you go ahead a waste a little time here and explain how the Constitution ALLOWS the programs listed above as UN-Constitutional and I believe, frankly, are just that..
I am not being facetious I want to understand how we got this far off course and you obviously have a good understanding so please share.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
[Congress shall have power t]o 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.
(internal citations omitted)The Congress is expressly empowered to lay taxes to provide for the general welfare. Funds in the Treasury as a result of taxation may be expended only through appropriation. They can never accomplish the objects for which they were collected, unless the power to appropriate is as broad as the power to tax. The necessary implication from the terms of the grant is that the public funds may be appropriated 'to provide for the general welfare of the United States.' These words cannot be meaningless, else they would not have been used. The conclusion must be that they were intended to limit and define the granted power to raise and to expend money. How shall they be construed to effectuate the intent of the instrument?
Since the foundation of the nation, sharp differences of opinion have persisted as to the true interpretation of the phrase. Madison asserted it amounted to no more than a reference to the other powers enumerated in the subsequent clauses of the same section; that, as the United States is a government of limited and enumerated powers, the grant of power to tax and spend for the general national welfare must be confined to the enumerated legislative fields committed to the Congress. In this view the phrase is mere tautology, for taxation and appropriation are or may be necessary incidents of the exercise of any of the enumerated legislative powers. Hamilton, on the other hand, maintained the clause confers a power separate and distinct from those later enumerated is not restricted in meaning by the grant of them, and Congress consequently has a substantive power to tax and to appropriate, limited only by the requirement that it shall be exercised to provide for the general welfare of the United States. Each contention has had the support of those whose views are entitled to weight. This court has noticed the question, but has never found it necessary to decide which is the true construction. Mr. Justice Story, in his Commentaries, espouses the Hamiltonian position. We shall not review the writings of public men and commentators or discuss the legislative practice. Study of all these leads us to conclude that the reading advocated by Mr. Justice Story is the correct one. While, therefore, the power to tax is not unlimited, its confines are set in the clause which confers it, and not in those of section 8 which bestow and define the legislative powers of the Congress. It results that the power of Congress to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution.
Because I've tried to explain it to you a dozen times over and you're either unwilling or incapable of understanding. I'm not going to waste my time again. Sorry.
The precise meanings of these phrases have long been the subject of debate, even back to the drafting of the Constitution itself.
Yes, you keep posting your errors.
Who cares.
The Constitution is specifically worded to mean specific things. It doesn't permit almost any of the stuff the federal government is now doing.
You can spin things any way you want, but you can't change the meaning of the Constitution to mean what it doesn't say. You can only lie about it.
Yes, and the fact is that what the phrase "general welfare" most bodaciously does not mean is "We hereby specifically limit the powers of congress to specific areas but also give them the world's biggest blank check called General Welfare". Welcome the land of liberal la la bull**** where up is down, in is out, and your money is their money, always.
There are people, incredibly dishonest and self-serving greedy people, who want you to believe that the Constitution is a big lie and that Congress has unlimited power. You believe this nonsense at your peril. No person who says the General Welfare clause is their big blank check should be allowed to vote....we're very generous in allowing them to consume oxygen, IMO.
They should move to a country where their government is unlimited. Cuba comes to mind as an ideal place for them. They can volunteer to be toilet paper.
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