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i don't see why this cannot be done. imo the common market in europe was hugely successful. the problems started when they insisted on legislating from brussels as we today dictate from dc.
texans want californian kids to be taught creationism and californians want texan kids to be taught evolution. new yorkers want universal health, new hampshire citizens want free market care. why not give the states the power to govern themselves instead of forcing everyone to accept federal rule. the feds can look after defense (not offense btw), and leave the rest up to states.
You are absolutely correct. The transfer of power from the states to the federal government has almost destroyed our country. This movement started with Lincoln and has continued ever since.
We do not need a powerful federal government. We should stop ALL federal revenue sharing. If a local, state or federal government needs revenue, they should collect their own taxes. No government should spend money that they did not collect themselves. That would return a certain amount of accountability to government.
i don't see why this cannot be done. imo the common market in europe was hugely successful. the problems started when they insisted on legislating from brussels as we today dictate from dc.
texans want californian kids to be taught creationism and californians want texan kids to be taught evolution. new yorkers want universal health, new hampshire citizens want free market care. why not give the states the power to govern themselves instead of forcing everyone to accept federal rule. the feds can look after defense (not offense btw), and leave the rest up to states.
While you focus on the 10th Amendment, you ignore the other 26 Amendments and the body of the Constitution.
Creationism is not science, it is religious doctrine. As such, it violates Amendment 1, as it uses State resources to establish religion.
Under the constitution, when laws of the federal government conflict with state laws, federal laws prevail.
Each state, has the right to institute universal health care, as Massachusetts has done. What's at issue is whether the federal government can under the 'promote the general welfare' clause and the elastic clause.
Quote:
Originally Posted by Roadking2003
You are absolutely correct.
Odd? I've been all around the country and it doesn't appear destroyed.
Each state, has the right to institute universal health care, as Massachusetts has done. What's at issue is whether the federal government can under the 'promote the general welfare' clause and the elastic clause.
There is no such clause within the US Constitution. The last lawyer who tried to bring that argument before the Supreme Court in 1936 was practically laughed out of court.
Quote:
If the novel view of the General Welfare Clause now advanced in support of the tax were accepted, that clause would not only enable Congress to supplant the States in the regulation of agriculture and of all other industries as well, but would furnish the means whereby all of the other provisions of the Constitution, …
... sedulously framed to define and limit the power of the United States and preserve the powers of the States, could be broken down, the independence of the individual States obliterated, and the United States converted into a central government exercising uncontrolled police power throughout the Union superseding all local control over local concerns.
Source: United States v. Butler, 297 U. S. 1 (1936)
It is another example of the federal government usurping powers away from the States. It is also why several states have reasserted their sovereignty in 2009 and 2010, including Texas, Virginia, Alaska, Montana, and Wyoming, just to name a few.
We have a very powerful Federal government because it is far easier to bribe, write legislation and regulations for a central bureaucracy than for fifty individual bureaucracies. Big business and finance figured this out several thousand years ago and are simply applying the same economies of scale that the use to reduce costars in every other part of their business. Businesses are established to make money and are willing to do anything they can to do so. That is why the spend so much to make favorable laws and regulations. There is no way they will let a free market put their investments at risk. However they cannot prevent a bigger business for taking them over even though they make this a difficult as possible using the government as their enforcers.
This is why the concept of Independent States with their own government and laws is being replaced with Washington centered Imperial power. Eventually even the separate nation states will be replaced with a world government that will reduce both competition and risk to a centrally manageable level. In their works what is good for Big Business and One Big Bank is good for the world. So long as the entire world is held in debt peonage.
The real threat to individual freedom is not big government but big business and finance.
There is no such clause within the US Constitution. The last lawyer who tried to bring that argument before the Supreme Court in 1936 was practically laughed out of court.
It is another example of the federal government usurping powers away from the States. It is also why several states have reasserted their sovereignty in 2009 and 2010, including Texas, Virginia, Alaska, Montana, and Wyoming, just to name a few.
While you cite United States v. Butler, 297 U. S. 1 (1936) you omit subsequent rulings.
Shortly after Butler, in Helvering v. Davis (1937), the Supreme Court interpreted the clause even more expansively, conferring upon Congress a plenary power to impose taxes and to spend money for the general welfare subject almost entirely to its own discretion.
While "the last lawyer who tried to bring that argument before the Supreme Court in 1936 was practically laughed out of court," it's the last laugh that counts!
Quote:
The conception of the spending power advocated by Hamilton and strongly reinforced by Story has prevailed over that of Madison, which has not been lacking in adherents. Yet difficulties are left when the power is conceded. The line must still be drawn between one welfare and another, between particular and general. Where this shall be placed cannot be known through a formula in advance of the event. There is a middle ground, or certainly a penumbra, in which discretion is at large. The discretion, however, is not confided to the courts. The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment. This is now familiar law.
...
Nor is the concept of the general welfare static. Needs that were narrow or parochial a century ago may be interwoven in our day with the wellbeing of the Nation. What is critical or urgent changes with the times.
The purge of nationwide calamity that began in 1929 has taught us many lessons.
You are absolutely correct. The transfer of power from the states to the federal government has almost destroyed our country. This movement started with Lincoln and has continued ever since.
We do not need a powerful federal government. We should stop ALL federal revenue sharing. If a local, state or federal government needs revenue, they should collect their own taxes. No government should spend money that they did not collect themselves. That would return a certain amount of accountability to government.
would you be ok with a state legalizing heroin? what about polygamy? universal healthcare in a state? gay marriage? what about beastiality? what about unregulated financials or medicine? just checking that you mean it and don't think the 10th applies only to things you like.
not trying to offend you roadking, but the big problem with the 10th imo, is that people use it when it suits them. when it doesn't they turn their cheeks the other way
not trying to offend you roadking, but the big problem with the 10th imo, is that people use it when it suits them. when it doesn't they turn their cheeks the other way
Absolutely. As history is our guide, the same people who now hold the 10th as sacred, were on the side of the GOP and Bush in 2005 when they tried to yank jurisdiction to rule on the Terry Schiavo case from the Florida Courts to the federal courts.
While you focus on the 10th Amendment, you ignore the other 26 Amendments and the body of the Constitution.
Creationism is not science, it is religious doctrine. As such, it violates Amendment 1, as it uses State resources to establish religion.
this is a valid point. as an atheist i don't really have a position on evolution partly because i don't do anything where it is even remotely relevant eg biotech, genetics etc
i do however have no issue with states electing to teach creationism at school. (i have a saying that religion is the foundation of skepticism). imo, if creationists were simply ignored and allowed to teach what they want, it would all dissolve on its own
While you focus on the 10th Amendment, you ignore the other 26 Amendments and the body of the Constitution.
Creationism is not science, it is religious doctrine. As such, it violates Amendment 1, as it uses State resources to establish religion.
Under the constitution, when laws of the federal government conflict with state laws, federal laws prevail.
Each state, has the right to institute universal health care, as Massachusetts has done. What's at issue is whether the federal government can under the 'promote the general welfare' clause and the elastic clause.
Odd? I've been all around the country and it doesn't appear destroyed.
You missed the point entirely. It's not about theories of evolution vs creation. It's about giving people choices and allowing various regions to govern themselves as they see fit.
And yes, we are on a path of destruction. If you can't see the loss of freedom, huge growth of government, huge debt, prevalence of government corruption, ubiquitous government waste, abuse of government power and Crony Capitalism; then I can't help you.
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