Posted on 10/05/2008 6:02:08 PM PDT by Weirdad
The Nazi "doctors" are laughing in their graves at the irony of a bill for PSYCHIATRIC DISEASE being used as the nucleus (not 'nuculus' by the way, dang it!) for a return for National Socialism.
If you and I used such deceitful techniques to creatively get around our taxes, etc. of course the government would accept that, right?
And it violates the 10th amendment? Which one is that? What are you talking about, that the power to take this money and do this thing was not enumerated in the Constitution?
When our elected and appointed officials swear allegiance to the Constitution, and then after that turn around pull such schemes as this, it's like arguing the definition of "is" and is a crime in itself. Why am I surprised at any of the illegalities we are being attacked with when we've let things descend this far...
If it is unconstitutional, then who filed a case in Federal court. I see a lot of discussion, but no action.
(if you can fix those quotes in the title I would appreciate it — did not realize they were special quotes)
It wasn’t unconstitutional. The bill originated in the house as a pork bill. The Senate amended the bill to put in the bailout.
Like it or not, it passes constitutional muster.
People have given up fighting 10th amendment cases because they always claim falsely that it affect interstate commerce, or some other totally bogus baloney. I am not a lawyer but bet this is not the first “trick” bill originating in the Senate. Wonder is anyone knows if any have been argues against successfully before.
Heh. Sort of. The pork part of the bill is HR 6049. It passed the House in May, and after being amended by the Senate, passed the Senate on September 23, 2008. The vote in the Senate was 93-2, 2 Democrats voted NAY. All of that standing separately from the bailout, "the pork bill" (HR 6049) was in the House, ripe for passage.
The pork bill passed the Senate again, a second time, when approximately the same contents were combined with approximately the House-passed bailout language, and stuffed into HR 1424.
What used to be in HR 1424 is on the cutting room floor.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The other is an annoyance and a technicality that needs to be corrected so future politicians can't do that, because it is in part supposed to protect We the People supposedly “closer” to the House from the Senate; and it is supposed to slow down the process of legislation.
We were railroaded on this by politicians crying “fire” in a non-burning crowded theater and then pointing at the people fleeing as a good reason to panic!
They breeched with bad faith the US Constitution—deceit to get what they wanted. But even if they had not run that scam it is illegal under the 10th.
Exactly, gosh you and me both know it. That’s probably more than the entire Congress.
No, it doesn't.
Congress has the authority to legislate within its areas of enumerated jurisdiction only... at least according to Madison:
it was constantly justified and recommended on the ground that the powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the 12th amendment, now a part of the Constitution, which expressly declares, "that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
James Madison, Report on the Virginia Resolutions
BTW, the People have no legal standing to sue the federal government, as it is the States that are the parties to the Constitutional compact.
(ping to neverdem also for a slightly-medical article)
Was HR 1424 a bill for the raising of revenue?
I wish Texas had the huevos to take the feds to court, but I've already read about 2 States who want to ask the feds to 'help' them with their financial woes.
[GAG!]
Guess it never occurred to them to be like the rest of us poor schmoes and just STOP frittering away what funds they have!
Yes, in part. One can get to the details of that specific bill from the summary page of H.R.1424.
It's very common for certain statutory language to appear in multiple bills, simultaneously. Following Congress is a bit like a shell game, except all the containers are transparent for anybody who has the time to check Thomas. Not to say that the language is available in time for the public to scope it out in advance of a vote (contentious things are usually done in back rooms, with administration participation), but the language is always there after the fact.
“Exactly, gosh you and me both know it. That’s probably more than the entire Congress.”
Ron Paul knows it
Yeah, we'll all need shrinks in the end after all of the provisions take effect.
That’s a fact. One congressman. Every time I think someone else knows it they end up voting happily for some travesty.
Free tag line for someone: “The genius of American government is not “democracy”—it is limited government!”
These power grabbing politicians are all poisoning the genius of American government every chance they get.
I really like these guys. They have also spoken out against the anti-gun propaganda from other medical organizations, as well as sound alarms on the New Freedom mandatory mental health screening program.
For a like reason, I made no reference to the "power to regulate commerce among the several States." I always foresaw that difficulties might be started in relation to that power which could not be fully explained without recurring to views of it, which, however just, might give birth to specious though unsound objections. Being in the same terms with the power over foreign commerce, the same extent, if taken literally, would belong to it.
Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government, in which alone, however, the remedial power could be lodged.
http://press-pubs.uchicago.edu/founders/documents/a1_8_3_commerces19.html
These are dark days for the Constitution.
The principles of our government need to be taught throughout all the grades. Unfortunately I wouldn’t trust most of the current teachers with the subject. But I think that’s where it needs to be addressed.
Of course, the other problem is how much our representatives are more influenced by money than voters anyway. They are even bribing each other with our tax dollars to ignore us.
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