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Political Parties and Ideologies Discuss all political parties and Ideologies here. Everyone is welcome to share their political beliefs here.

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  #171 (permalink)  
Old 07-23-2008, 01:10 PM
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Originally Posted by xjoe3x View Post
Precedent of disobeying the law just means we should have more politicians in jail.
That'd probably be a good idea, just by itself.
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  #172 (permalink)  
Old 07-23-2008, 08:55 PM
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Originally Posted by Skerlnik View Post
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.
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.
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.
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.
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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  #173 (permalink)  
Old 07-23-2008, 09:04 PM
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Originally Posted by Skerlnik View Post
And, that'd be fine. I think the whole dang thing probably needs a re-write and serious updating, anyway.
Then let's re-write it!

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Our laws need to work for us, not against us. We can make our own laws say anything we need to: I don't share the opinion that the Constitution was decreed by God and completely immutable. Clarification, updating and revision is essential to a healthy body of law.
But what you're not understanding here is the intended, very limited, role of the federal government. The issue here is the role of the federal government. If the people want the federal government to have more power than the Constitution gives it then they must either amend the Constitution or replace it with a new document.

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I happen to think things like the CDC, the FDA, USDA, and other agencies are quite important, and very much government's (society's) responsibility. If we get to the point where we are letting technicalities of our own Constitution hamstring what the people want their government to do, I think this is a bad thing. Government needs to be able to be responsive to the desires of the people, otherwise it's rather pointless.
It doesn't matter whether they're important, it matters whether they're Constitutional. They're not. The founders rightly put a process in place for the people to amend the Constitution as necessary. So, if the people want the federal government to have the power to establish agencies like the CDC, FDA and USDA, they need to amend the Constitution or replace it with a new document. FOLLOW THE DAMNED PROCESS!

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But, I have always been perhaps more open to radical change than most people. If the 9th and 10 have been rendered pointless by established historical precident, then, perhaps it's time to revoke them, or clarify them.
I don't have a problem if the people replace the Constitution with an entirely new document. I do, however, care about the federal government usurping for itself powers the Constitution (and, by extension, the people) didn't give it.

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Now, don't you take what I've said to illogial extremes and say that I want to pitch the Constitution out entirely.......
Again, if the people want to do that, I don't have a problem with it. But it must be the people that do it and not the federal government.
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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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  #174 (permalink)  
Old 07-24-2008, 02:18 AM
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It doesn't matter whether they're important, it matters whether they're Constitutional. They're not. The founders rightly put a process in place for the people to amend the Constitution as necessary. So, if the people want the federal government to have the power to establish agencies like the CDC, FDA and USDA, they need to amend the Constitution or replace it with a new document. FOLLOW THE DAMNED PROCESS!
That's only your opinion. Technically the National Bank couldn't be found in the Constitution either, but most of the founders didn't object to its presence when Hamilton came along. The necessary and proper clause may be very ambiguous but it serves a vital purpose.

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  #175 (permalink)  
Old 07-24-2008, 11:22 AM
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Originally Posted by Chan View Post
Then let's re-write it!
Boy, how I'd love to. I mean, we now have 200 years of data to determine what works and what doesn't, and certainly plenty of blogs/forums with great ideas and willing to give input.

One pretty good suggestion I have heard is that the Const. should be written largely by those who will be governed, not by the class who will do the governing.

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But what you're not understanding here is the intended, very limited, role of the federal government. The issue here is the role of the federal government. If the people want the federal government to have more power than the Constitution gives it then they must either amend the Constitution or replace it with a new document.
Then, if the technicalities of putting in now necessary agencies and whatnot is the big sticking point, then, we should do it, if it makes these strict Constittutionalists happier. It'll be unfortunate that to contain all the things government does from A to Z would really ruin the concise nature and elegance of the original, but so be it.

As I've said before, I care more about effectiveness and efficiency than size. Government should be as big as it needs to be to accomplish what the people require it to do.

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It doesn't matter whether they're important, it matters whether they're Constitutional. They're not. The founders rightly put a process in place for the people to amend the Constitution as necessary. So, if the people want the federal government to have the power to establish agencies like the CDC, FDA and USDA, they need to amend the Constitution or replace it with a new document. FOLLOW THE DAMNED PROCESS!
Meh. I think you're lamenting a horse that's so far out of the barn, it's approaching Zaire. Government began expanding its powers almost immediately after the Constitution was ratified.

We value different things. Spirit vs. letter. But, okay, if you thnk it's more important to make the Constitution as complex and thick as the Tax Code, get to it.

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I don't have a problem if the people replace the Constitution with an entirely new document. I do, however, care about the federal government usurping for itself powers the Constitution (and, by extension, the people) didn't give it.
We gave it to ourselves in 1781, what's the difference?

But, we'll compromise. Perhaps wording that builds in some flexibiity in terms of executive agency/program/policy creation that requires Congressional approval. This ratified by the states stuff is really laborious and should be reserved for big time Amendments.

How nitpicky should this document be? We shouldn't have to have 50 states' approval for the President to be allowed to wipe himself.....

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Again, if the people want to do that, I don't have a problem with it. But it must be the people that do it and not the federal government.
I agree. Again, I have to assert that it's the SCOTUS'S job to determine legislative and executive compliance with the Const, and the fact that none of the agencies and programs I mentioned have been even challenged on Constititionality leads me to figure that it's considered well within the purview of those branches.

Overall, I stand by my assessment that if it's not explicitly DENIED in the Constitution, it's allowable.
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  #176 (permalink)  
Old 07-24-2008, 11:36 AM
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The necessary and proper clause may be very ambiguous but it serves a vital purpose.
Ah, thank you, THAT'S the term I was thinking of.

Strict Constitutionalists seem to want to throw out the baby with the bathwater. Most people that want massive reductions in government don't realize just how much the government really does for us and how disrputive, chaotic and burdensome life might get. If we hacked everything back to 1781, we would become a third world nation overnight.

Most people don't want that, and it's no wonder proposals to hack remain on the fringe.
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  #177 (permalink)  
Old 07-24-2008, 12:05 PM
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Originally Posted by Skerlnik View Post
Ah, thank you, THAT'S the term I was thinking of.

Strict Constitutionalists seem to want to throw out the baby with the bathwater. Most people that want massive reductions in government don't realize just how much the government really does for us and how disrputive, chaotic and burdensome life might get. If we hacked everything back to 1781, we would become a third world nation overnight.

Most people don't want that, and it's no wonder proposals to hack remain on the fringe.
To which I reply that enumerated authority is enumerated authority. It is not 'necessary' or 'proper' for our tax dollars to be spent for works of 'art.' That said, I took my own advise and began to read the debates yet again. I am up to June 21st. I will return upon completing my reading.

Lastly...you can rewrite it. There is a mechanism for just such a thing. Of course, it has proven more difficult and has been previously attempted without success. It is easier to amend than to call a constitutional convention.
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  #178 (permalink)  
Old 07-24-2008, 12:35 PM
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Lastly...you can rewrite it. There is a mechanism for just such a thing. Of course, it has proven more difficult and has been previously attempted without success. It is easier to amend than to call a constitutional convention.
Easier, perhaps, but if the entire government is as wretchedly broken as is claimed, here, then nothing short of a new Constitutional Congress is neccessary. The last 200 years of amazing wealth, propserity, progress and security have been a complete illusion, apparently, acheived in spite of our own government.

Personally, I'm pretty happy with 90% of what our government does, and I suspect that all of this anti-government rhetoric is stemming from a fairly small mumber of particular policies or instances that probably need some fixing. Libertarians strike me as wanting to demolish the whole house because the roof leaks.
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  #179 (permalink)  
Old 07-24-2008, 02:31 PM
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Originally Posted by BoneDaddy View Post
To which I reply that enumerated authority is enumerated authority. It is not 'necessary' or 'proper' for our tax dollars to be spent for works of 'art.' That said, I took my own advise and began to read the debates yet again. I am up to June 21st. I will return upon completing my reading.

Lastly...you can rewrite it. There is a mechanism for just such a thing. Of course, it has proven more difficult and has been previously attempted without success. It is easier to amend than to call a constitutional convention.
Then of course there's that whole "necessary and proper" thing being specifically limited to the federal government carrying out its enumerated powers.
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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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  #180 (permalink)  
Old 07-24-2008, 03:05 PM
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Really, all this splitting of hairs is getting out of hand. These agencies are HERE. All these programs EXIST. Done. Decades of performance and precident behind them. Nobody but a few of you seem to have problems with them. And, you're really, really stretching to find ways to invalidate them.

If you want to talk about specific program cutbacks, rather than talking vaguely about slashing and burning the whole government as a monolithic, evil entity, that's great.

But come on, turning the clock back to 1781 is just too silly to even discuss with a straight face. If this is truly what libertarianism espouses, then ther're no point in even discussing it.
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