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To: robertpaulsen
I said the injustice may be corrected by the states in federal court or by an act of Congress. It was Madison's intent that the states themselves do this, rather than Congress.

Yes, you've said it. You just haven't been able to produce a lucid, rational argument for why that makes interpeting Madison's comments to exclude the pursuit of the "positive purposes of the General Government" as a valid exercise of the power to RCATSS in error.

Take this post and place it in your "Favorites" folder for future reference if you can't keep things straight in your head.

If you don't have any objections, I'll reserve the right to tell you where to place posts in the future.

No. What is certain, according to his letter, is that when it comes to injustices, he would intend that the states handle that, rather than Congress. He did NOT say Congress wasn't allowed to rectify injustices.

It is certain that he did not explicitly say the the power to RCATSS was intended to be used "for the positive purposes of the General Government". Nowhere in these letters, or in any of the other writings of the Founders do they make any reference to the grant of the power for that purpose, or discuss using it for any purpose other than correcting injustices.

Are you saying that Congress cannot correct injustices under the "positive purposes of the General Government"?

Are you saying that in the context of this sentence "correcting injustices" and the "positive purposes of the General Government" and not considered as separate concepts?

783 posted on 01/17/2005 9:01:58 AM PST by tacticalogic
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To: tacticalogic
"to exclude the pursuit of the "positive purposes of the General Government""

The power to regulate commerce among the several states was to be used two ways: It was to be used among the states themselves as a negative and preventive provision against injustice AND it was to be used by Congress as a power for the positive purposes of the General Government, which includes removing injustices.

When it came to removing injustices, however, it was Madison's intent that the states themselves do it. This doesn't "exclude" using the power for the positive purposes of the General Government.

787 posted on 01/17/2005 9:31:35 AM PST by robertpaulsen
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To: tacticalogic
"It is certain that he did not explicitly say the the power to RCATSS was intended to be used "for the positive purposes of the General Government"."

Baloney. Then why even mention it? He could have simply said:

"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."

The power to RCATSS includes its use for the positive purposes of the General Government".

788 posted on 01/17/2005 9:37:41 AM PST by robertpaulsen
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To: tacticalogic
"Are you saying that in the context of this sentence "correcting injustices" and the "positive purposes of the General Government" and not considered as separate concepts?"

They are not separate concepts. If Congress were to enact a law correcting an injustice, they would get the power to do this from the Commerce Clause. This is referred to by Madison in his letter as a power used for the "positive purposes of the General Government".

Where do you think Congress gets the power to correct injustices? Do they even have that power? In your opinion, how does Madison refer to that power in his letter -- as a "preventative provision? C'mon.

792 posted on 01/17/2005 9:49:42 AM PST by robertpaulsen
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