Posted on 03/21/2005 12:05:39 PM PST by Wolfstar
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
According to Mark Levin, that changed way back in 1803
Well, there needs to be re-balancing of the system. The Constitution is fine. The problem is the way we have operated. Judicial review isn't in the Constitution. It came about in 1803 in Marbury v. Madison. Given that, the Supreme Court and the other courts should be very careful about how they exercise their power. They are not anymore. In fact, I cannot think of any area of life that the court doesn't intervene in or that the court doesn't think it can intervene in.I can tell you that the Framers could never have imagined a court this powerful, and never would have authorized the court to do this sort of thing. The Constitution creates a silhouette when it comes to the judiciary. It is up to Congress to paint the picture. And the idea that this silhouette turns out to be more powerful than the other two branches in almost every respect is absurd.
That's a very fine distinction. He needed the court to authorize it. If not, then why even involve the court at all?
You are quite right. And Congress doesn't exist simply to implement federal court orders and raise taxes and redistribute wealth. This is the mindset that we've allowed to set in, and we must resist it. We are not a government by judiciary, but we're getting there. The framers never supported such power for this unelected branch. This history of our founding and the framers' efforts are crystal clear on this.
Whatever make you comfortable.
""The case has no business before a federal judge. Let's be honest here, it's a thinly veiled attempt to overrule a Florida court.""
Says who?
Uhh, when they say feeding tube do they mean feeding tubes in general, or just the hospital's feeding tube. because if it is just the hospital's why don't her parents just get their own and feed her, who's to say she doesn't desire that?
Nothing in the Constitution forbids this. In fact Congress passes laws all the time that pertain to one individual or one company
""Who is going to rule in favor of Michael Schiavo very soon.""
'It is better to err on the side of life' so said President Bush.
"We have illegal left wing radical courts and a reaction to this in Congress and the House. "
You know this whole "activist judge" thing is a little old.
The judiciary is doing exactly what it was intended to do, interpret law and review the constitutionality of existing laws.
The very nature of the judicial branch, and the reason we appoint judges for life, is to maintain separateness between the judiciary and the “the people’s will”. Because separateness is the judicial branch’s best defense at being carried away on a wave of temporary national lunacy and that vital separation is what allows the judicial branch to act as a check on the legislature.
The judicial branch is not, has never been, nor should it ever be structured to represent the “people’s will”. That is what the legislative branch is for.
If you don't like the law, vote for a legislator that changes the law. This attack on one of the THREE branches of govenment is getting REALLY dangerous. Some times you like them somtimes you don't, it's still the best system every created.
Liberal usually chant about hypothetical people, not real people.
Your post is a perfect example of why an examination of the Constitution is so important. Education. The clause you highlighted has nothing whatsoever to do with individuals, but with the states.
Excellent point. Let's invade their privacy by insisting she get an MRI, and when it shows activity, we have proven that she wants to live for 30 more years in this miserable state. It will be definitive proof and we can all go back to minding our own business.
Of course. Everyone knows that spouses in this country have been always had the right to starve one another to death ...
The Interstate Commerce Clause? They use it for everything else.
I said virtually nonfunctional. If the only thing you can do on your own is breathe, you are virtually nonfunctional. Would you choose to live in Terri's condition for 15 years?
I didn't say anything about a "vegitable". It has been said, however, that Terri has gone from a family vegetable to a state vegetable to a national vegetable - which just goes to show what an unfortunate circus this whole process has become.
Why don't we just let the husband decide this without the judge? Under your utopia, the judge does nothing anyway but rubber stamp the husband's decision.
I would support congress, the supreme court, the President, the BATF, or any other entitity that could just make this story GO AWAY!!!!
I don't think Congress should have gotten involved in a state matter, which is the same reason the US Supremes were refusing to hear the appeals in this case.
But this situation has become a national story and seems to have its own momentum, so I'm more than casually interested in how it gets ultimately resolved.
"Small Gov't means small Gov't. not just when convenient to the right."
To real conservatives, yes - this is what it means. Unfortunately, there appear to be a large number of Federalists amongst us, now that the (R)s are in power. Amazingly, many of them hollered at Clintax's federal excesses for 8 long years.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.