"follow the konstitution"?! Sigh! That's the friggin' problem; they ARE following that POS scrap o' parchment, and its Hamiltonian "implied powers", "general welfare" clause, "commerce" clause, ad nauseum! I got a better idea: close it all down and get the F outta town!!
rkshanny, I'm no big fan of the Constitution (my understanding is that the Constitution was put in place via coup de tat, subverting the Articles of Confederation), but the Constitution still encumbers government with heavy, limiting chains... IF it were indeed followed. The "general welfare" clause is in the preamble, which is not part of the law (e.g. preamble is the mission statement, but the body contains the delegated permissions. You can't violate delegated permissions based on the mission statement); the "commerce clause" is farcical at best (based on Wickard v Filburn, wherein "a farmer participates in interstate commerce by NOT participating in interstate commerce"), and "implied powers" still cannot contradict explicit limitations such as the apparently not-quite-crystal-clear shall not be infringed.
The Constitution isn't perfect... but it most emphatically is not being obeyed by those occupying offices created and only made possible by that same Constitution. Demanding that officeholders obey it is a good starting step, and one that has more chance of success than my personal preference of scrapping the Constitution and restoring the rightful law in the form of the Articles.
"follow the konstitution"?! Sigh! That's the friggin' problem; they ARE following that POS scrap o' parchment, and its Hamiltonian "implied powers", "general welfare" clause, "commerce" clause, ad nauseum! I got a better idea: close it all down and get the F outta town!!
ReplyDeleterkshanny, I'm no big fan of the Constitution (my understanding is that the Constitution was put in place via coup de tat, subverting the Articles of Confederation), but the Constitution still encumbers government with heavy, limiting chains... IF it were indeed followed. The "general welfare" clause is in the preamble, which is not part of the law (e.g. preamble is the mission statement, but the body contains the delegated permissions. You can't violate delegated permissions based on the mission statement); the "commerce clause" is farcical at best (based on Wickard v Filburn, wherein "a farmer participates in interstate commerce by NOT participating in interstate commerce"), and "implied powers" still cannot contradict explicit limitations such as the apparently not-quite-crystal-clear shall not be infringed.
ReplyDeleteThe Constitution isn't perfect... but it most emphatically is not being obeyed by those occupying offices created and only made possible by that same Constitution. Demanding that officeholders obey it is a good starting step, and one that has more chance of success than my personal preference of scrapping the Constitution and restoring the rightful law in the form of the Articles.
-PG
Well that's typical.
ReplyDeleteAnd on this topic, I thought Gov. Kasich was a conservative.
http://www.dispatch.com/content/stories/local/2014/11/19/kasich-at-the-rga.html
Guess not.