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Originally Posted by Skerlnik
SCOTUS'S job is to make determinations if X is contrary to the Constitution or not. The fact that we haven't seen dozens of departments, programs, and systems struck down by the Court implies that everyone (except strict Constitutionalists) view these things as valuable, and reasonable, necessary executive tools to fulfill the government's duty to the people. Generally in response to the People's wishes, too.
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Only if a case is brought before it does SCOTUS have jurisdiction. As for the federal government's duty to the people, it is limited to exactly and only what is written in the Constitution.
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And, if the People all got together and decided to pitch the Constitution tomorrow, it would be wrong to keep it. The Constitution is there to serve the People, not the other way around.
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If that's what they want to do, then they're free to do it. I just want them to follow the process.
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Honestly, joe, if everything the government does had to be ratified as Amendments to the Constitution, we'd never have become the advanced, modern world power we are.
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That's what you're missing: the federal government has very limited powers and is only allowed to do certain things. If the people want it to do other things then the Constitution must be amended to give the federal government that power or else the Constitution must be replaced with another document.
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Unless something is specifically denied in the Constitution (like making an official religion or something) then it is ON the table, and Congress certainly may legislate. You are arguing the dead opposite, that ONLY what's in the Constitution is allowable, holding us back to 200 year old standards with very, very little possibility of progress.
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This is where you're wrong. If it is not specifically enumerated in the Constitution then it is off the table.
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A panda walks into a cafe. He orders a sandwich, eats it, then draws a gun and fires two shots in the air.
"Why?" asks the confused waiter, as the panda makes toward the exit. The panda produces a badly punctuated wildlife manual and tosses it over his shoulder.
"I'm a panda," he says at the door. "Look it up."
The waiter turns to the relevant entry and, sure enough, finds an explanation.
"Panda. Large black-and-white bear-like mammal, native to China. Eats, shoots and leaves."
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