Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Olog-hai; All
Sadly, although the Constitution's simple rules concerning the federal government's limited powers and personal rights are arguably no harder to learn than a child's board game, post-FDR era Harvard Law School-indoctrinated Sen. Schumer is proof that learning the Constitution wrong nonetheless makes it difficult to relearn correctly; I've been there. (I hope that Schumer at least didn’t blow his own money on his Harvard Law School credentials.)
FR: Never Accept the Premise of Your Opponent’s Argument

Regarding Sen. Schumer’s faulty understanding of the constitutionality of the Obamacare Democratcare contraception mandate for example, he doesn’t seem to understand, or blatantly ignores, that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate public healthcare purposes as evidenced by the following excerpts from Supreme Court case opinions.

In fact, constitutional authorities have repeatedly clarified that the Founding States trusted the states, not the federal government, with the care of the people.

Finally, Sen. Schumer's misguided idea that personal rights and business rights are somehow constitutionally mutually exclusive doesn't hold water either. This is evidenced by the fact that the Founding States made the Constitution's Clause 8 of Section 8 of Article I to reward individuals for sharing their intellectual property. More specifically, such individuals are awarded temporary monopoly power in the form of patents and copyrights, monopoly power being an aspect of corporate power, so that inventors and authors can benefit from their ideas. And there's no wording in Clause 8 that requires inventors and authors to give up their 1st Amendment protected freedoms while they enjoy their monopoly power.

As a side note concerning the federal government's constitutionally limited powers, please consider the following. The states would sure be a dull, boring place to grow up and live in if parents were to make sure that their children were taught about the federal government's constitutionally limited powers as the Founding States had intended for those powers to be understood. /sarc

Thomas Jefferson had put it this way:

“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)

33 posted on 07/10/2014 3:16:17 PM PDT by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Amendment10
understanding of the constitutionality of the Democratcare contraception mandate for example, he doesn’t seem to understand, or blatantly ignores, that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate, tax and spend for intrastate public healthcare purposes

ping

42 posted on 07/11/2014 6:10:14 AM PDT by alrea (Need urgent care for political failure? Import a new demographic group.)
[ Post Reply | Private Reply | To 33 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson