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The United State of America
The Atlantic ^ | July 31st, 2014 | Richard A. Epstein and Mario Loyola

Posted on 08/05/2014 4:18:49 PM PDT by Jacquerie

The tug of war between the president and Congress is steadily escalating. The most recent sign of incipient institutional breakdown is House Speaker John Boehner’s suit against President Obama for rewriting laws and stepping on Congress’s turf.

But lurking in the wings is a second separation-of-powers issue, just as important, that Americans have mostly overlooked—the separation between federal and state government. In many areas, that vital divide is fast disappearing, owing to a relentless expansion of federal power. And both political parties share the blame.

Federal officials exert enormous influence over state budgets and state regulators, often behind the scenes. The new federalism replaces the “laboratories of democracy” with heavy-handed, once-size-fits-all solutions. Uniformity wins but diversity loses, along with innovation, local choice, and the Constitution’s necessary limits on government power.

(Excerpt) Read more at theatlantic.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: constitution
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"These problems have their roots in a major constitutional transformation that began a hundred years ago. In 1913, the 16th Amendment was ratified, allowing Congress to institute a real income tax for the first time. Later that year the 17th Amendment provided for direct election of senators."
1 posted on 08/05/2014 4:18:49 PM PDT by Jacquerie
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

2 posted on 08/05/2014 4:26:03 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Jacquerie

Fedzilla. Out of the cage since Reconstruction.


3 posted on 08/05/2014 4:27:24 PM PDT by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: Jacquerie

A good read...
but what are we going to do about it?

My fantasy:
What if the House of Representatives just did nothing...
and I mean absolutely nothing.
No committee meetings, no legislation brought to the floor,
no budget, no appropriations, NOTHING.
Just adjourn and go home.
What would happen to the Fed Gov?


4 posted on 08/05/2014 4:29:35 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Jacquerie

Not trying to be ornery, good article, but still, where has this author been, “the separation between federal and state.. that vital divide is fast disappearing”


5 posted on 08/05/2014 4:33:02 PM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool])
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To: ForYourChildren
The last para of the column implies the solution. Not only is it not the duty of Scotus to defend the 10th Amendment, it isn't capable.
6 posted on 08/05/2014 4:39:24 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Repeal The 17th
Yep, the Framers allotted power to Congress to counter El Presidente.
7 posted on 08/05/2014 4:41:04 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Repeal The 17th

Obama would take everything via executive order and the courts would back him up.


8 posted on 08/05/2014 4:41:25 PM PDT by Tzimisce
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To: Jacquerie

You know I had a conversation at lunch with someone today that the thing I fear the most is some powerful conservative who is fed up with the stupidity of the average america throwing their hands up in the air and saying:

“You know what, you all are too stuipid for freedom and you want socialism and top down state power, you can have it and I will ram it down your throat so that you all choke on it”.

We know the left better than the left knows itself and someone like that would be damned dangerous as the would know HOW and WHY their enemy does what they do and GOD help us all if they decide that their own “ROLE” is Punish the sleeping americans with Tyranny in order to teach all the doltas out there a “lesson”.

Honestly, That scares the living SH!T out of me...

While the leftists seem greedy and manipulative for their own ends they are short sighted to their own damned motives (and flaws) , someone who listens to people like Mark Levin and reads Montesque and listens to Reagan but ALSO UNDERSTANDS them decides to turn on US use that Knowledge to punish all of us....

May God have mercy on us should a self appointed Angel of Vengence decide to enact divine retribution on a sleeping America.... I fear someone likle that more than a demon like Obama....


9 posted on 08/05/2014 4:42:35 PM PDT by GraceG (No, My Initials are not A.B.)
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To: Repeal The 17th
Just adjourn and go home.
What would happen to the Fed Gov?

With the current marxist in office, such an abdication would provide the basis for declaring martial law, suspension of elections and all manner of evils.

We can hear it now, "The (R)'s have dealt a fatal blow to the normal operation of our government and in this time of great peril, I have no choice but to (fill in the blank)." Who could stop him?

10 posted on 08/05/2014 4:48:51 PM PDT by frog in a pot (We are all in the same pot.)
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To: Repeal The 17th
My fantasy is a total tax revolt.
De-fund the whole problem.
11 posted on 08/05/2014 4:51:16 PM PDT by right way right (America has embraced the suck of Freedumb.)
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To: Jacquerie
"When in the course of human events......"
12 posted on 08/05/2014 5:11:21 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: GraceG
I think I follow you.

What if a Huey Long combined with a George Wallace and said, "to hell with a congress that enjoys perks and avoids its duties." It that the gist?

As for the Left: Progressives Understand The Constitution

13 posted on 08/05/2014 5:15:58 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Jacquerie
"These problems have their roots in a major unconstitutional transformation that began a hundred years ago. In 1913, the 16th Amendment was improperly ratified while most of Congress was away for Christmas break, allowing Congress to illegally institute a real income tax for the first time in clear opposition to the founding principles of the republic. Later that year the 17th Amendment provided for direct election of senators."

There we are. Income taxes are immoral and unethical. Learn the history of the Federal Reserve and the debt you did not incur!

14 posted on 08/05/2014 5:43:31 PM PDT by ronnyquest (I spent 20 years in the Army fighting the enemies of liberty only to see marxism elected at home.)
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To: frog in a pot
"Who could stop him?"

Who, indeed?


15 posted on 08/05/2014 6:04:46 PM PDT by ronnyquest (I spent 20 years in the Army fighting the enemies of liberty only to see marxism elected at home.)
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To: Jacquerie

Bump


16 posted on 08/05/2014 6:06:44 PM PDT by WashingtonSource
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To: Jacquerie

Democracy sucks


17 posted on 08/05/2014 6:08:32 PM PDT by Rome2000
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To: right way right

Thought of the tax revolt as soon as someone said to stop funding the White House pen.


18 posted on 08/05/2014 7:23:31 PM PDT by huldah1776
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To: Rome2000

Saw a bumper sticker today.

Tax Land not income.

Guess who owned the car?

Then I thought of John Adams who thought only landowners should vote.

Democracy sucks because people are fallen.


19 posted on 08/05/2014 7:26:16 PM PDT by huldah1776
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To: ronnyquest
A consumption tax would seem much more moral. IMO.
Tax amounts would be proportional to lifestyle.
Imagine the capitalists innovating and competing for peoples money.
That is how this country became great.
20 posted on 08/05/2014 7:40:18 PM PDT by right way right (America has embraced the suck of Freedumb.)
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