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 DEFINING THE CONSTITUTION

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UncleFrank
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PostSubject: DEFINING THE CONSTITUTION   Tue Apr 03, 2012 4:43 pm

WORD ON THE NET

DEFINING THE CONSTITUTION


"Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions."
-James Madison


Over at the Volokh Conspiracy, Jonathan Adler noted the trend on the left to be surprised, shocked, and unready for how weak the "obamacare" arguments are and how likely it is to be thrown out as unconstitutional. Adler points out that not just the average leftist, but supposed "elites" in the left's legal community, such as professors and pundits, seemed totally unaware of the arguments against constitutionality in the bill.

Adler linked the piece by Peter Suderman arguing that the left is on average much more ignorant of the right's positions and arguments than the right is of the left's, which I find supported by personal experience and reading online. However, I think there's something more fundamental at play here, something that goes beyond isolation from the opposition or even presumption of malice (another far too common position on the left).

There is a basic divide between the left and the right in how they understand the US Constitution and its purpose. And I'm not talking about originalism vs the "living" constitution, I'm talking about its very foundational principles.

This came up very starkly when the Government Health Insurance Takeover Act was being debated in congress. Various right-leaning organizations went and asked congressmen what they thought the constitutional basis was for this bill and their answers went like this (courtesy David Bernstein):

•Rep. Conyers cited the “Good and Welfare Clause” as the source of Congress’s authority [there is no such clause].
•Rep. Stark responded, “the federal government can do most anything in this country.”
•Rep. Clyburn replied, “There’s nothing in the Constitution that says the federal government has anything to do with most of the stuff we do. How about [you] show me where in the Constitution it prohibits the federal government from doing this?”
•Rep. Hare said“I don’t worry about the Constitution on this, to be honest [...] It doesn’t matter to me.” When asked, “Where in the Constitution does it give you the authority …?” He replied, “I don’t know.”
•Sen. Akaka said he “not aware” of which Constitutional provision authorizes the healthcare bill.
•Sen. Leahy added, “We have plenty of authority. Are you saying there’s no authority?”
•Sen. Landrieu told a questioner, “I’ll leave that up to the constitutional lawyers on our staff.”

Then-speaker Nancy Pelosi just laughed. And the reason this happened is that the left has a special sort of understanding about the US Constitution which is all too common, I fear.



They think the US Constitution allows the federal government to do anything except what it specifically prohibits. In other words, there are no restrictions on the federal government except where the constitution specifically says "you cannot do this." That's why the left loves the 1st amendment and seems able only to cite it and the 14th amendments, because they specifically prohibit certain actions.

So when asked where the constitution allows congress to pass a federal health insurance bill, they are confused; the question doesn't fit any categories they understand. It makes no sense to them - the constitution allows everything unless specifically banned.

On the other hand, the right - and the founding fathers who wrote and defended the constitution see things a bit differently. The US Constitution in a conservative perspective allows nothing except what it specifically says the government can do. In other words, if the constitution doesn't specifically state some basis for a bill, it is not permissible for the federal government to pass that bill. It is illegal and has no meaning or power.

That is literally what Supreme Court Justice John Marshall said:

The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and the courts, as well as other departments, are bound by that instrument.
If a law is unconstitutional, its meaningless and irrelevant. Its not even law.

This might seem strange or radical to modern ears, but it is perfectly consistent with the writings of both the federalist and anti-federalist papers and all of the founding fathers. There was no dissent or confusion on this until very recently in any court or legislature.

The United States was founded on a very basic principle: that all power belongs to the citizens of the United States without exception. This is what the phrase "government of the people, by the people, and for the people" means. The people of the United States allow governments to exercise some of this power in very limited ways through elected representatives.

In other words, the US constitution isn't a document outlining many of the ways the federal government can act, but a specific document detailing exactly the few limited ways the federal government can act. This principle is called "enumeration" and it simply means the government cannot do anything except what it is allowed by the people. Anything it tries beyond that is simply null and void.

Why didn't the founding fathers make that more clear? Well they did through reams of papers written at the time, loads of arguments made to that position, and in the text of the 9th and 10th amendments, which were specifically added at the request of the anti-federalists to make sure it was clear, something Madison thought was unnecessary.

This distinction in basic understanding of the US Constitution is why legal scholars on the left are making arguments from precedent (something the US Supreme Court is not bound by) and various minutae from previous decisions. Because they see absolutely no constitutional violation in this bill; it can't violate the constitution, because it doesn't do anything specifically prohibited.

And until the left can figure out where they're wrong on this, left and right are going to eternally be like two trains running parallel to each other on tracks, never meeting.

posted by Christopher Taylor at 10:16 AM
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PostSubject: Re: DEFINING THE CONSTITUTION   Tue Apr 03, 2012 5:13 pm

Quote :
And until the left can figure out where they're wrong on this, left and right are going to eternally be like two trains running parallel to each other on tracks, never meeting.

Don't know that we were planning on trying to meet the Demoncraps anywhere cause where they are going I don't want to go!! JMHO!!


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PostSubject: Re: DEFINING THE CONSTITUTION   Wed Apr 04, 2012 2:49 pm

The only thing they should meet is the end of our fists in their eye sockets.
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PostSubject: Re: DEFINING THE CONSTITUTION   Wed Apr 04, 2012 6:40 pm

Maybe so but if we are going to get this thing fixed they are going to have to leave the tracks they are on and come over where we are or get off the train completely!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Thu Apr 05, 2012 3:33 pm

The only way is if they get off and do not return. There is no liviing with them.
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PostSubject: Re: DEFINING THE CONSTITUTION   Fri Apr 06, 2012 12:58 pm

There will be fewer and fewer of them as time goes by. I think many of them have figured out that we are not going to let them ruin our country!

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PostSubject: Re: DEFINING THE CONSTITUTION   Fri Apr 06, 2012 2:13 pm

I'm not so sure. I think they are too arragent to even think that they can loose.
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PostSubject: Re: DEFINING THE CONSTITUTION   Sat Apr 07, 2012 6:23 am

No question - the train is going to wreck!! It is only left up in thev air to decide which ones of them are still riding on the train and which ones that want to survive and come over to our way of thinking!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Sat Apr 07, 2012 3:16 pm

The more that cross the line and join us, the more powerful we become.
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PostSubject: Re: DEFINING THE CONSTITUTION   Sun Apr 08, 2012 7:00 am

And so it will go! They must be shown the errors of their ways and be convinced to come join us to take back control of our country before it is given and wasted away!!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Sun Apr 08, 2012 10:59 am

One can only hope and pray for deliverance.
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PostSubject: Re: DEFINING THE CONSTITUTION   Mon Apr 09, 2012 6:15 am

This round with the SC is going to help define what the left can and cannot do under the guise of the Constitution! I think they are way out in left field adn will be shown exactly how far out they are!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Mon Apr 09, 2012 3:21 pm


Monday, April 09, 2012

Just before the highly publicized hearing on the constitutionality of President Obama’s health care law, ratings for the U.S. Supreme Court had fallen to the lowest level ever measured by Rasmussen Reports. Now, following the hearings, approval of the court is way up.

Forty-one percent (41%) of Likely U.S. Voters now rate the Supreme Court’s performance as good or excellent, according to a new Rasmussen Reports national telephone survey. That’s up 13 points from 28% in mid-March and is the court’s highest ratings in two-and-a-half years.

Nineteen percent (19%) still rate the court’s work record as poor, unchanged from last month. (To see survey question wording, click here.)

It is impossible to know if the improved perceptions of the court came from the hearings themselves, President Obama’s comments cautioning the court about overturning a law passed by Congress, or from other factors. Approval of the court had fallen in three consecutive quarterly surveys prior to the health care hearings.

The partisan turnaround in views of the court is noticeable. Three weeks ago, 29% of Republicans gave the Supreme Court positive marks for its job performance; now that number has climbed to 54%. Similarly, among voters not affiliated with either of the major political parties, good or excellent ratings for the court have increased from 26% in mid-March to 42% now. Democrats’ views of the court are largely unchanged.

Among all voters, 28% now think the Supreme Court is too liberal, 29% say it’s too conservative, and 31% believe the ideological balance is about right. The number who view the court as too liberal is down five points from a month ago.

Most voters want the health care law repealed and 54% expect the Supreme Court to overturn it.



This national survey of 1,000 U.S. Likely Voters was conducted on April 6-7, 2012 by Rasmussen Reports. The margin of sampling error is +/- 3 percentage points with a 95% level of confidence. Field work for all Rasmussen Reports surveys is conducted by Pulse Opinion Research, LLC. See methodology.

The last time the court’s good or excellent ratings were in the 40s was in October 2009 when 43% ranked it that way. That was the start of the court’s first session with Justice Sonya Sotomayor, Obama’s first nominee to the high court. At that time, 58% of Democrats shared a positive view of the court’s performance, but just 33% of both Republicans and unaffiliated voters agreed.

Data released earlier showed that only 15% of voters think the high court puts too many limitations on what the federal government can do. Twice as many (30%) believe the Supreme Court does not limit the government enough. Forty percent (40%) say the balance is about right, while 15% more are undecided.

Forty-nine percent (49%) of Republicans still think the high court is too liberal, but that’s down from 56% three weeks ago. Unaffiliated voters are now more inclined to see the court as too conservative. But Democrats, Republicans and unaffiliateds all view the court as more balanced than they did in the previous survey.

There’s been a little change in Political Class attitudes toward the court as well. Ten percent (10%) of these voters view its performance as poor now, compared to three percent (3%) in March. But they also give it slightly higher positives, too, with 43% who now rate its work as good or excellent. Among Mainstream voters, 41% think the court is doing a good or excellent job versus 23% who felt that way three weeks ago.


DEAD IN THE WATER (PERIOD)
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PostSubject: Re: DEFINING THE CONSTITUTION   Mon Apr 09, 2012 4:40 pm

What does it matter? The Justices are appointed for life and they will all be there until they decide to retire!!! If Little Hitler is elected to another term, he will appoint between three and four more Justices and then see how everyone loves them~!!! Not funny!!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Tue Apr 10, 2012 2:56 pm

Let's just hope our old timers have enough arragance left in their old bones not to retire or die. All we will have to worry about then is their assassination probability.
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PostSubject: Re: DEFINING THE CONSTITUTION   Tue Apr 10, 2012 6:55 pm

And let's hope that is not a probability!! Would be best if they could live for a few more years and get us out of this mess!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Wed Apr 11, 2012 4:28 pm

They have to stay put if we are ever to get out of this. Being these libturds would be all unConstitutional, then they should be treated as hostile towards our way of life and our Constitution, they should be brought down with extreme prejudice. IMO!!!
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PostSubject: Re: DEFINING THE CONSTITUTION   Thu Apr 12, 2012 5:12 am

The real change starts now as the exit program for the left wing arseholes and the taking back of our country is in full swing right now! The first test we will have is to take it back from the idiots this fall in the next round of elections! The next step is to trim this mess back where it can never get to the size and control over us as individuals it has in the past!!! TWIT!!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Thu Apr 12, 2012 2:14 pm

It would be a pleasure to set the proper coarse agin.
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PostSubject: Re: DEFINING THE CONSTITUTION   Thu Apr 12, 2012 8:21 pm

It is coming and will be within our lifetime!!! I see it on the horizon and just cannot say what day exactly it will take place but it is in the works and will happen soon!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Fri Apr 13, 2012 4:34 pm

If you say so. I have my doubts, when this present administration and the black leaders and black celebrities are throwing racial epitaphs like they have been doing the past month or so. I see bad times a head for us all.
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PostSubject: Re: DEFINING THE CONSTITUTION   Sun Apr 15, 2012 7:17 am

May be some bad times but better times are on the horizon!!! JMHO!!

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PostSubject: Re: DEFINING THE CONSTITUTION   Sun Apr 15, 2012 10:28 am

I'll beleive that when it comes our way. when we are free of this libturd socialist pigs.
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PostSubject: Re: DEFINING THE CONSTITUTION   Sun Apr 15, 2012 9:00 pm

One thing for sure is the next round of elections will either put us over the top on turning full blown socialistic or make the turning point for us to go back to the God fearing democratic republic we were originally!!! TWIT!!!

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