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Old 01-02-2014, 11:08 PM
 
Location: Unperson Everyman Land
38,643 posts, read 26,371,773 times
Reputation: 12648

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Quote:
Originally Posted by Mircea View Post
Yeah, I knew I had smelled this before.

STUPID ~ An Amendment to Establish Term Limits for Members of Congress
STUPID ~ An Amendment to Establish Term Limits for Supreme Court Justices and Super-Majority Legislative Override
STUPID ~ Two Amendments to Limit Federal Spending and Taxation
STUPID ~ An Amendment to Limit the Federal Bureaucracy
REALLY STUPID ~ An Amendment to Grant the States Authority to Directly Amend the Constitution.

POINTLESS ~ An Amendment to Protect Private Property (curbing abuses under the Takings Clause).

Due process is provided, and each case is unique. With Eminent Domain, much of the angst appears to stem from what will be done with the land, not whether land owners are being justly compensated.

POINTLESS ~ An Amendment to Grant States Authority to Check Congress

States have that authority already....it's called the 8th, 9th and 10th Amendments. If your State isn't doing its Constitutional duty, then elect people who will.

SCARY ~ An Amendment to Promote Free Enterprise (redefining the Commerce Clause)

I could never support that, unless I wrote the Amendment myself.

What you need to do is force the Courts to follow their own rulings.

"In a statutory construction case, the beginning point must be the language of the statute, and when a statute speaks with clarity to an issue judicial inquiry into the statute's meaning in all but the most extraordinary circumstance is finished." Riva v. Commonwealth of Massachusetts, 61 F.3d 1003, 1007 (1st Cir. 1995) (quoting Estate of Cowart v. Nicklos Drilling Co., 505 U.S. 469, 475, 120 L. Ed. 2d 379, 112 S. Ct. 2589 (1992). In other words, the court need not consult legislative history and other aids to statutory construction when the words of the statute neither create an ambiguity nor lead to an unreasonable interpretation. Riva, 61 F.3d at 1007. In searching a statute's text to determine congressional intent, we attribute to words that are not defined in the statute itself their ordinary usage, while keeping in mind that meaning can only be ascribed to statutory language if that language is taken in context."

And while the 1st Circuit Court does an excellent job, I refer you to the outstanding 6th Circuit....

"In determining the meaning of legislation, we must first look to the plain language of the statute itself. McBarron v. S & T Indus., Inc., 771 F.2d 94, 97 (6th Cir. 1985). "If we find that the statutory language is unambiguous, then that language is regarded as conclusive unless there is a clearly expressed legislative intent to the contrary." Bradley v. Austin, 841 F.2d 1288, 1293 (6th Cir. 1988). Courts need only to examine the legislative history of a statute when its terms are ambiguous, see id., or where enforcement of the plain terms of the statute would "'produce a result demonstrably at odds with the intention of [the statute's] drafters.'" United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 242, 103 L. Ed. 2d 290, 109 S. Ct. 1026 (1989) (quoting Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 571, 73 L. Ed. 2d 973, 102 S. Ct. 3245 (1982))."

Okay, so the purpose and intent of the Commerce Clause permits Congress to intervene, if, and only if, a dispute arises between two or more States that cannot be resolved through the federal courts, or which resolution would not be satisfactory.

Example: In the City of Pittsburgh in the Commonwealth of Pennsylvania, a chemical company discharges Carbon Tetrachloride (C-Cl4) into the Ohio River, and the State of Ohio, the Commonwealth of Kentucky, the State of Indiana and the State of Illinois file suit in federal court seeking recompense for damages and other remedies.

That is unsatisfactory, because while the federal court can address past acts, it has no power to address future acts.

Here is where Congress would invoke the Interstate Commerce Clause, enacting legislation regarding effluent discharges into rivers.

That is how the Interstate Commerce Clause was intended to work. It was Morris who chaired the committee that drafted those sections of the Constitution.

SCARY ~ An Amendment to Protect the Vote (requiring photo ID)

That is freaking scary.

The Constitution does not grant the right to vote. That right is granted solely by the States under the 8th, 9th and 10th Amendments. It is up to each State to decide whether or not it will require ID for voting, and if so, what type of ID.

What's even scarier is the idiot Levin doesn't even understand that there is no such thing as "federal elections."


HOPEFUL ~ An Amendment to Restore the Senate (repeal of the 17th Amendment)

I would endorse that, but not until campaign finance reform had been enacted....by Constitutional Amendment restricting campaign donations to only those persons legally eligible to vote for the individual running for office or the ballot issue in question.

Anyway, I wouldn't count on his Liberty Amendments going anywhere.

Constitutionally...

Mircea


People are fed up with bought and paid for politicians who answer to corporations, big labor and their party elders while selling out their constituents.

They are sick and tired of being forced to choose between one very corrupt Republican and one very corrupt Democrat.

The spontaneous rise of the Tea Party movement was a big surprise to the out of touch DC establishment, but the people want their power back and they will take it.

You don't to be a conservative to demand your representatives answer to you.

This pot of discontent has been simmering for some time and is about to boil.

Poll: Obama approval ratings drop, Americans say he’s not trustworthy – CNN Political Ticker - CNN.com Blogs
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Old 01-02-2014, 11:20 PM
 
Location: Las Vegas,Nevada
9,282 posts, read 6,740,791 times
Reputation: 1531
Quote:
Originally Posted by nighttrain55 View Post
mark levin has these liberty amendments that he suggested, but its basically a conservative wish list. I'm failing to see why liberals would support conservative legislation.
lower taxes would mean more money for the middle and working class..
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Old 01-03-2014, 12:09 AM
 
4,463 posts, read 6,228,051 times
Reputation: 2047
Why don't we break the united states up into 2 or 3 different countries peacefully, or will it require a civil war?
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Old 01-03-2014, 02:45 AM
 
Location: texas
9,127 posts, read 7,941,561 times
Reputation: 2385
Quote:
Originally Posted by highlife2 View Post
Why don't we break the united states up into 2 or 3 different countries peacefully, or will it require a civil war?
No and not going to happen.
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Old 01-03-2014, 02:48 AM
 
Location: texas
9,127 posts, read 7,941,561 times
Reputation: 2385
Quote:
Originally Posted by momonkey View Post
People are fed up with bought and paid for politicians who answer to corporations, big labor and their party elders while selling out their constituents.

They are sick and tired of being forced to choose between one very corrupt Republican and one very corrupt Democrat.

The spontaneous rise of the Tea Party movement was a big surprise to the out of touch DC establishment, but the people want their power back and they will take it.

You don't to be a conservative to demand your representatives answer to you.

This pot of discontent has been simmering for some time and is about to boil.

Poll: Obama approval ratings drop, Americans say he’s not trustworthy – CNN Political Ticker - CNN.com Blogs
It is not just about "people" being fed up. It is about enough people being fed up. A small pot about to boil over isn't suffiecient to make notice. That same small pot is always about to boil over.
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Old 01-03-2014, 05:50 AM
 
3,417 posts, read 3,072,513 times
Reputation: 1241
Quote:
Originally Posted by NHartphotog View Post
Every year polls show the same thing: there are close to two conservatives for every one liberal in America.

The real question is, why do liberals have so much power in Washington that their support MATTERS?
its not about how many liberals or conservatives there are, its about control of state legislatures. You don't have 38 states that are completely controlled by republicans, therefore you would need to states controlled by liberals to assist you. The tea party has been doing everything in its power to stop obama's agenda for the last 3 years, and you think all of a sudden, liberal state legislators are going to assist the tea party in further harming the federal government's ability to carry out its functions? Why would liberal states want to help the tea party.
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Old 01-03-2014, 05:54 AM
 
3,417 posts, read 3,072,513 times
Reputation: 1241
Quote:
Originally Posted by gunlover View Post
lower taxes would mean more money for the middle and working class..
I fail to understand why republican consistently believe lowering taxes is the only thing people care about.
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Old 01-03-2014, 06:02 AM
 
Location: Texas
37,949 posts, read 17,859,151 times
Reputation: 10371
Quote:
Originally Posted by nighttrain55 View Post
For the past year or two or three, there has been this going argument from only conservatives to call for a convention of the states. Now in order to achieve this, you need 34 states to agree to this, and you would need 38 states to support any amendments. The only way for conservatives to achieve this is for liberals to support this idea. Since 2010, the tea party has actively tried to shut down obama's agenda, but all of sudden you think liberal states are going to actively support the tea party in trying to further reduce obama or any democrat who is the white house, their ability to enact their agenda. What sense does that make? Conservatives, can you please map out how you plan to successfully achieve an article V agenda?
Calling for a convention is not an agenda conservatives pursue. This is just another thing you've made up.
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Old 01-03-2014, 06:15 AM
 
3,417 posts, read 3,072,513 times
Reputation: 1241
Quote:
Originally Posted by Loveshiscountry View Post
Calling for a convention is not an agenda conservatives pursue. This is just another thing you've made up.
I can't find any liberals calling for a convention. Its seems to me the only ones calling for a convention are conservatives.
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Old 01-03-2014, 06:21 AM
 
69,368 posts, read 64,096,009 times
Reputation: 9383
In the event everyone missed it. The OP pretty much admitted that the left wingers will never compromise nor come to solutions to problems in america. It has to be their way, or the highway..
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