Rationale for the Constitutionality of Obamacare

[mcmilljb]

:hmm:

Want to buy some shares of GM and hire a lobbyist?

By the way, they already do that with tariffs on products like sugar.

 

[Anarchist420]

Where the hell do you come up with these ideas?

Most of the framers were actually against implied powers and wanted the Federal government to be very small and limited and focused on the powers that they gave it.

"I consider the foundation of the [Federal] Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." [10th Amendment] To take a single step beyond the boundaries thus specifically drawn around the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition."
-- Thomas Jefferson

"They are not to do anything they please to provide for the general welfare.... [G]iving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please."
-- Thomas Jefferson

"If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one...."
-- James Madison

"Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."
--Thomas Jefferson

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite."
-- James Madison

"When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated."
-- Thomas Jefferson

[T]he powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.
-- James Madison

Thomas Jefferson was in france when the Constitutional Convention took place, so he wasn't a Framer. Therefore, original intent can't be traced back to him.

Also, research the history of the 10th Amendment. Madison only said the powers for the states were to be numerous and indefinite in the Federalist Papers as propaganda to get it ratified, illegally no less. Madison himself explicitly makes his position on implied powers clear in the debates on what the 10th Amendment should be. During those debates, he explicitly says there should be implied Federal powers as his reason for leaving out the word "specifically" in the 10th Amendment. During his Presidency, he massively increased the power of the Federal government--he went to war without a Congressional declaration (2nd Barbary Wars), he chartered the 2nd Central Bank, and a few other things. He was even the first President to produce the Ratchett Effect, which only Jackson reversed with his mostly incorrect interpretation of the Constitution.

Also, people should ask themselves, "if Madison hadn't supported the implied powers doctrine, then why would he have supported a document that was so vague in the first place?" Whereas the Articles of Confederation was carefully written to make sure there were no implied powers, the Constitution was purposefully written so it could be interpreted broadly because there was so much disagreement at the Constitutional Convention. If the Federalists hadn't been so deceptive, we wouldn't have the Constitution and we'd be better off. If there had been a national popular referendum on the Constitution, it wouldn't have passed. The common people were perfectly satisfied with the Articles of Confederation and they would be today, which is why the Constitutional Convention had to meet in secret, and also why it had to be ratified illegally.

It's a shame that most people today don't realize how much better things could be for themselves. I guess people today are just dumber or more ignorant than the Antifederalists (which were a vast majority of the people in the United States of America back then) were.

 

[xj0hnx]

Dummy! It's cake!

It's a custard pie.

 

[mcmilljb]

Thomas Jefferson was in france when the Constitutional Convention took place, so he wasn't a Framer. Therefore, original intent can't be traced back to him.

Also, research the history of the 10th Amendment. Madison only said the powers for the states were to be numerous and indefinite in the Federalist Papers as propaganda to get it ratified, illegally no less. Madison himself explicitly makes his position on implied powers clear in the debates on what the 10th Amendment should be. During those debates, he explicitly says there should be implied Federal powers as his reason for leaving out the word "specifically" in the 10th Amendment. During his Presidency, he massively increased the power of the Federal government--he went to war without a Congressional declaration (2nd Barbary Wars), he chartered the 2nd Central Bank, and a few other things. He was even the first President to produce the Ratchett Effect, which only Jackson reversed with his mostly incorrect interpretation of the Constitution.

Also, people should ask themselves, "if Madison hadn't supported the implied powers doctrine, then why would he have supported a document that was so vague in the first place?" Whereas the Articles of Confederation was carefully written to make sure there were no implied powers, the Constitution was purposefully written so it could be interpreted broadly because there was so much disagreement at the Constitutional Convention. If the Federalists hadn't been so deceptive, we wouldn't have the Constitution and we'd be better off. If there had been a national popular referendum on the Constitution, it wouldn't have passed. The common people were perfectly satisfied with the Articles of Confederation and they would be today, which is why the Constitutional Convention had to meet in secret, and also why it had to be ratified illegally.

It's a shame that most people today don't realize how much better things could be for themselves. I guess people today are just dumber or more ignorant than the Antifederalists (which were a vast majority of the people in the United States of America back then) were.

Everyone knows Thomas Jefferson did not write the Constitution. They met in secret so everyone could speak freely plus talk of abolishing the Articles could have been construed as treason. Blame Rhode Island for not showing up so they could revise the Articles. All federal powers are explicitly listed in the Constitution. Some are vague, but that's why we have the Sumpreme Court. Plus ALL 13 states ratified the Constitution so you can't claim they ratified it illegally. You probably believe Texas isn't a state either.