Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jeff Head; Protagoras
In response to your posts 33 and 35:

What I set forth in my post 19 is based on Ammendments to the Constitution. I even quoted the ammendments in my post.

The required ammendments are already in place, unless the people have no retained right (under the Ninth Ammendment) to have their representatives act on their behalf to accomplish whatever the people themselves have the reserved power (under the Tenth Ammendment) to accomplish.
44 posted on 12/12/2003 4:38:33 PM PST by KrisKrinkle
[ Post Reply | Private Reply | To 19 | View Replies ]


To: KrisKrinkle
"My investigative query is: Were the Founders and previous congressmen and presidents, who could not find constitutional authority for today's bread and circuses, just plain stupid and ignorant?"



KK writes:


No. They were unauthorized while their successors have been authorized, at least in theory.



Note the following:
ARTICLE (IX.)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

ARTICLE (X.)
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.

One of the rights retained by the people would be the right to have their representatives act on their behalf. And since powers that are not delegated to the United States may be reserved to the people, the people must also have the right to have their representatives act on their behalf to accomplish whatever the people themselves have the reserved power to accomplish.

In brief, while the Founders had no authorization to do things that would fall within the category of "bread and circuses", if the people have the reserved power to do those things, they have the right to have the Founders successors do those things on their behalf, and by doing so the people give the Founders successors authorization.

All that is theory.

In actuality, I fear that instead of doing what the people want done, the Founders successors do what they themselves want to do and then tell the people what the people want.
19 -KK-


KrisKrinkle wrote: In response to your posts 33 and 35:

What I set forth in my post 19 is based on Ammendments to the Constitution. I even quoted the ammendments in my post.

The required ammendments are already in place, unless the people have no retained right (under the Ninth Ammendment) to have their representatives act on their behalf to accomplish whatever the people themselves have the reserved power (under the Tenth Ammendment) to accomplish.




You claim:

"-- They were unauthorized" --
-- "while their successors have been authorized, at least in theory."

Just above you base this claim on the 9th & 10th amendments which were in effect since we have had government.

Jeff and others have explained that 'they' have never been authorized to provide for today's "bread and circuses".

Quite simply there are no required amendments "already in place". Never have been.

-- The people have no retained right to have their representatives act on their behalf to accomplish whatever the people wish. -- 'The people' are bound by our constitution, -- as are our fed/state/local governments.


45 posted on 12/12/2003 5:22:25 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but FRs flying monkey squad brings out the Rickenbacker in me.)
[ Post Reply | Private Reply | To 44 | View Replies ]

To: KrisKrinkle
...and as I said, the right they retain to themselves or the states based on the 9th and 10th are different than the rights or powers that the United States, ie., the Federal Government can exercise.

I am not debating whether the people or the states have retained rights outside of the Constitution. They clearly do.

But the Federal government is constrained by the constitution as to what rights, powers, regulation, etc. it can exercise. The Constitution outlines those specifically and for the United States government to exercise more than what is specifically in there requires another amendment that specifically states it...otherwise it is illegal by definition.

54 posted on 12/13/2003 4:41:36 AM PST by Jeff Head
[ Post Reply | Private Reply | To 44 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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