On Saturday, April 4, 2015 at 3:53:22 PM UTC-7, Shhhh! I'm listening to reason! wrote:
> On Saturday, April 4, 2015 at 5:07:13 PM UTC-5, Cloud Hobbit wrote:
> > On Thursday, April 2, 2015 at 10:40:27 PM UTC-7, Shhhh! I'm listening to reason! wrote:
> >
> > >
> > > If that's the case, another of your "unnecessary" government agencies is the Supreme Court. ;)
> > >
> > Not true at all. The Constitution is vague in some areas and sometimes things get crazy at the lower level courts. Sometimes it tasked with explaining why a tomato can be a vegetable.
>
> According to you, any eighth grader can understand the Constitution.
>
Is it difficult for you to understand that something can be clearly written, yet not contain all the information one might wish for.
On the really important parts (individual rights) it is very clear. One thing you will not find no matter how hard you try is something giving the Federal governm,ent the power to make peope buy something.
> > > > > > Is it wrong to want the Federal government to follow the constitution?
> > > > >
> > > > > They do.
> > > > > \
They don't.
> > > > Then whence Obamacare? Show me the part of the Constitution that allows the government to have any say in healthcare or that allows government to force people to buy something.
> > >
> > > I haven't read the SCOTUS decision in detail, but I'm guessing maybe the Interstate Commerce Clause? That's also the one that allowed the Civil Rights Acts.
> > >
> >
> > There has not been a case about the entire law, to my knowledge. Only parts of it have been challenged, although why that should stop the court from ruling it unconstitutional is beyond me.
>
> That's because, apparently, you do not understand the Constitution as well as you think you do. ;)
>
No, it's because the law is unconstitutional. The Constitution does not give authority to the Federal government to have any say in healthcare.
> > > I don't doubt that you're with the folks who want to repeal that as "unconstitutional" though.
> > >
> > Only because it is. Nothing gives the Federal government the right to force people to buy something.
> >
> > Moting gives the federal government the right to have any say in healthcare. Tenth amendment issue, not federal.
>
> General welfare. And if companies do business in more than one state it is by definition "interstate commerce."
>
The Interstate Commerce ploy has been used and stretched so thin they should be ashamed, but being politicians, they aren't.
This seems very straight forward to me: "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; but all Duties, Imposts and Excises shall be uniform throughout the United States;
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;".....
The fact that the feds have tired and succeeded in using this for every reason under the sun does not make it right. With any luck this court will not be so creative in using the commerce clause. One can only hope.
> > > > > > Do you have any idea of how much money the federal government spends on things it is not Constitutionally authorized to do?
> > > > >
> > > > > According to...
> > > > >
> > > > The published figures for the budgets of the unconstitutional agencies such as Dept. of Energy, Dept of Agriculture, FCC, etc., etc..
> > >
> > > See above. "Interstate Commerce" is a Constitutional responsibility of the Federal Government.
> > >
> > Education is not Interstate Commerce. According to the left nearly everything is interstate commerce.
>
> I think education does have an affect on interstate commerce, and also on "general welfare."
>
You notice how the feds pass very few "requirements" for the states schools? That's because they know if they push to hard the states will all tell them to shove it.
They do not have the authority, not even when they say they do and they know it.
> > > > > > The whole idea of the Constitution was to limit the power of the Federal government.
> > > > >
> > > > > Incorrect. The whole idea was to reach a compromise that all states would agree to. I think the founders would laugh at you.
> > > >
> > > > It was both things.
> > >
> > > A balance exists between state and federal. That was the point.
> >
> > And yet the Feds seem to keep cross the line into things that are not its business.
>
> No, they don't. In the cases that happens laws get overturned. And states also get into things that "cross the line." Explain to 2pid how a majority in a state can vote in a Constitutional ban on gay marriage, for example, and have it overturned on Constitutional grounds at the federal level. See also laws in the South meant to work around the Civil Rights Act. (In fact, it appears that same strategy is being employed right now re: gays.)
I'm pretty sure he know that already.
I'm starting to get confused, are you only opposed to laws that violate our freedom when they don't bring money into the Fed treasury? You just support raping the Constitution when it would mean more money to do more unconstitutional things?
>
> > > > > > The only place it is given any real power is in the area of commerce between the states, which they have broadened far beyond what many feel was the intention of the Founding Fathers.
> > > > >
> > > > > According to...
> > > > >
> > > > The Constitution.
> > >
> > > What I meant was who the "many they" was.
> >
> > People like Robert Bork for one. It is a debate that has been going on a very long time, and qustions have to be asked when cases like this happen: In 1905, the Court used the Commerce Clause to halt price fixing in the Chicago meat industry, when it ruled that Congress had authority to regulate the local meat market under the Sherman Anti-Trust Act. It found that business done even at a purely local level could become part of a continuous "current" of commerce that involved the interstate movement of goods and services.
https://www.law.cornell.edu/wex/commerce_clause
>
> In 1789 there was relatively very little interstate commerce. That's different today. Conservatives are stuck in 1789 because it suits them.
>
No, they want the Federal government to stop using it as a cash cow for any reason they can think of. While I can applaud their creativity in civil rights law, that doesn't mean they should get creative every time they want to find a new way to regulate something for no good reason.
> > > > > > For anything else a Constitutional Amendment is required.
> > > > >
> > > > > LOL! Do you really think they wrote it and figured what they wrote would not be interpreted? Were they that dumb?
>
> > I think they were trying to write the most airtight document they could, although some parts do seem vague, most of it especially that which pertains to individual liberty are especially precise.
>
> I think they were laying down general principles, not trying to create an "airtight" document. I also think they were searching for compromises.
>
Absolutely incorrect. It was crafted to make sure there were limits placed on government to prevent the federal government from making life difficult the way government had done in the past. They made some very specific rules that no politician would try and violate. The Bill of Rights for example. Some parts may be considered guidelines but most of it is clear and precise.
> > I think they left a way to clear up such questions either through the SCOTUS or through amendments.
> > > > I think they wrote it the way they did to keep "interpretations from happening.
> > >
> > The Supreme court is, as are all courts, a very necessary way to insure individual rights.
> >
> > Certainly there is nothing in the Constitution that allows the feds control over or participation in education. The same holds for the DEPT OF energy and agriculture.
> >
> > Here's an idea, why not go over this A-Z list of government agencies and departments and see how many have constitutional authority to exist.
> >
http://www.usa.gov/directory/federal/
> > Notice that it is not what one might consider a short list.
>
> There's also this "general welfare" clause. It's in the preamble too.
>
And it's your position that a bill like ACA will preserve the general welfare by ushering in higher taxes and more debt?
Far too many lies have been told by the administration to make me think anything about this has anything to do with the general welfare.
"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; but all Duties, Imposts and Excises shall be uniform throughout the United States;" That does not sound like an invitation to do anything that comes into the mind of the Congress.
> >
> > > >
> > > > The history of why and how is less important than what they wrote and agreed to.
> > >
> > > It's also important to know what they thought of the finished project: "No work of man is perfect. It is inevitable that, in the course of time, the imperfections of a written Constitution will become apparent. Moreover, the passage of time will bring changes in society which a Constitution must accommodate if it is to remain suitable for the nation." -- Thomas Jefferson
> > >
> >
> > At what point have I ever said it was perfect and never needed changes? It is obvious that they thought changes would be needed and that is why they included the power to amend it as needed. The amendments can not simply be Congress writing new laws that do not conform to as it is written now.
>
> I don't think they do.
>
> > > You think they wrote the 10 commandments in stone. ;)
I don't believe any of the Exodus story. There is no evidence that it ever happened. It seems a stretch to think something could go on for 400 years and leave no trace anywhere. But then Jesus probably wasn't real either.
> > > > > Let me guess: you "think" Cliven Bundy's bunch are "patriots."
> > > >
> > > > I think Cliven Bundy is a racist, but that doesn't make him wrong about grazing. the federal government is not allowed to own land for any other reason than what is outlined in the Constitution. That the feds have taken things on themselves that were not Constitutionally authorized is a matter of record, that doesn't make it constitutional.
> > >
> > > Regardless, it is not HIS property.
Nor does it belong to the government. They have no right to it at all.
But I knew you'd side with him. I'd tell you to take the government to court, but there's no need since everything is so black and white that the SCOTUS is not needed.
> >
> > Your words not mine. Courts are and have always been necessary if for no other reason than to keep lawyers from screwing people.
>
> "So clear anyone with a eighth grade education can understand it" or words to that effect. No need for interpretation, no need for the SCOTUS then.
>
As written, that doesn't stop politicians and lawyers from trying to mess it up.
> BUT, you don't address Bundy's cattle grazing on land that isn't his.
I did. I said the land does not belong to the federal government and they have no legal right to charge anybody for grazing there.
Unless there is a citizen or state agency that owns the land and Bundy is in violation of a state law, then he has not committed a federal crime.
>
> > There are always going to be people who push things until they reach the Supreme Court. The problem is that SCOTUS has become simply a reflection of the people who nominated them and not about what the courts job is supposed to be, a protector of individual rights.
>
> I'd say that's mainly true on one side. Protecting people's rights seems to be a predominantly liberal position.
>
Only if you are blind. Show me the plank in the GOP platform that says they want to dismantle any individual rights.
> I'll tell you a secret: for over 30 years I've been sworn to protect and defend the Constitution "against all enemies, foreign and domestic."
>
It's the same oath Obama and every President and military serviceman swore, including me in 1967. I don't see that this President in particular is honoring his oath.
> Foreign enemy is usually pretty easy.
>
> But I never really fully understood what a domestic enemy of the Constitution was until I saw Cliven Bundy. He crystallized it for me. I hope next time the Bundy morons on the bridge who are pointing weapons at federal agents get plugged. Time to thin the herd. Apaches or A-10s would be effective. Maybe a platoon of M-1 Abrams. I felt threatened and would "stand my ground." And I'd be happy to call them in. ;)
So people who want to stop the Federal government from abusing a power they don't really have should be shot?
I think you have some work to do on what constitutes a domestic enemy.
They guys who set of a fertilizer bomb in Oklahoma, and those 2 brothers in Boston, are examples of domestic enemies. The way some people used the law to keep people of color from voting, those were/are domestic enemies.
Cliven Bundy has so far as i know done nothing to make him an enemy, if he wins he'll be a hero to many ranchers. It's time for the government to obey the law.
They can't just claim they own something because they want to.