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The Constitution is the limiting document upon the feds; the federal government cannot become greater than the granting power. That is, the federal servant cannot become greater than its master........the states.

.......according to judicial analyst, and judge, Andrew P. Napolitano healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional. "The Constitution does not authorize the Congress to regulate state governments. Nevertheless, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.(Excerpt) Read more at newsmax.com............

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Wall Street Journal | Jan. 2, 2010 | Orin Hatch et al
FR Posted by Military family member

The policy issues may be coming to an end, but the legal issues are certain to continue because key provisions of this dangerous legislation are unconstitutional. Legally speaking, this legislation creates a target-rich environment. We will focus on three of its more glaring constitutional defects. (Excerpt) Read more at online.wsj.com ...

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States Can Check Washington's Power; by directly proposing constitutional amendments
WSJ 12/21/09 | DAVID B. RIVKIN JR. AND LEE A. CASEY
FR Posted 12/2/09 by rhema

For nearly a hundred years, federal power has expanded at the expense of the states—to a point where the even the wages and hours of state employees are subject to federal control. Basic health and safety regulations that were long exercised by states under their "police power" are now dominated by Washington.

The courts have similarly distorted the Constitution by inventing new constitutional rights and failing to limit governmental power as provided for in the document. The aggrandizement of judicial power has been a particularly vexing challenge, since it is inherently incapable of correction through the normal political channels.

There is a way to deter further constitutional mischief from Congress and the federal courts, and restore some semblance of the proper federal-state balance. That is to give to states—and through them the people—a greater role in the constitutional amendment process.

The idea is simple, and is already being mooted in conservative legal circles. Today, only Congress can propose constitutional amendments—and Congress of course has little interest in proposing limits on its own power. Since the mid-19th century, no amendment has actually limited federal authority.

But what if a number of states, acting together, also could propose amendments? That has the potential to reinvigorate the states as a check on federal power. It could also return states to a more central policy-making role.

The Framers would have approved the idea of giving states a more direct role in the amendment process. They fully expected that the possibility of amendments originating with the states would deter federal aggrandizement, and provided in Article V that Congress must call a convention to consider amendments anytime two-thirds of the states demand it.(Excerpt) Read more at online.wsj.com ...

Related Stories:

Randy Barnett: The Case for a Federalism Amendment

Clarence Thomas: How to Read the Constitution

44 posted on 04/02/2010 7:49:49 AM PDT by Liz (If teens can procreate in a Volkswagen, why does a spotted owl need 2000 acres? JD Hayworth)
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To: All
Scorecard On Obama Scandals (updated)

Obama’s three places of birth.
Obama’s natural-born citizenship?
Obama’s multiple SS nos.
"Teaching career" at Chicago was a sham.
Rahm Emanuel (too numerous to mention)
Obama prez campaign accepted AIG donations
Desiree Rogers ousted for Salahi scam.
Holder mirandizes terrorists.
Incompetano (being there)
Prosecutes Navy Seals for assaulting most wanted terrorist.
Prosecutes CIA for defending country
Bill Clinton Foundation gave ACORN $250,000
VP Biden's daughter in cocaine bust
Biden bro and son named in offshore Ponzi scheme
House Speaker Nancy Pelosi (being there)
Cong Barney Frank, Freddie Mac scandals
Sen Chris Dodd, AIG bonuses, Countrywide insider deals
Gov Richardson-pay to play scandal (withdraws)
No. 2 at HUD Ron Sims (violates Public Records Act as Seattle area County exec)
Geithner-Tax cheat (confirmed)
Daschle-Tax cheat (withdraws)
Killefer-Tax cheat (withdraws)
DOL Secy Solis - husband tax cheat (confirmed)
Sen Burris lied about "pay to play" contacts
Auto rescuer appointee Steven Rattner (massive pay-to-play NY pension scandal) )(stepped down)
Louis Caldera, White House Military Office (ousted for $357,000 flyover NYC)
Green Czar Van Jones ousted - San/Fran Communist w/ arrest record.
Married Obama economic advisor Charles Phillips tells longtime mistress he's divorced.
Hides $17.5 billion "stimulus" in NJ.
AmeriCorp head fired in violation of federal law.

Other Dem Scandals:

Cong Rangel-Tax cheat (ousted from chairmanship).
Sen Franken--voted in w/ ACORN registrations
John Edwards in love child payoff w/ campaign funds
Gov Blagojevich-pay to play scandal (impeached)
Baltimore Mayor Dixon- indicted on perjury, theft charges
Racine Mayor Becker-arrested for child porn, soliciting minors
Hartford Mayor Perez- arrested for bribery
Birmingham Mayor Langford- arrested on federal charges
Former Detroit Mayor Kwame Kilpatrick-served 99 days jailtime
Portland Mayor Adams- admitted he had gay sex with teen intern
Chicago Alderwoman Troutman-plead guilty to tax fraud and mail fraud
Monica Conyers John Coyner’s wife, Detroit City Council President guilty in Detroit bribery case
Tim Mahoney (D-FL) - Offered $121,000 payoff and $50,000 a year job for two years to quiet former mistress/staffer
Rep William J. Jefferson (D-LA) tried on 6 counts including bribery (hid $90,000 cash in freezer)
NY Gov Spitzer - fed's wiretaps out involvement in prostitution ring.
Cong Alcee Hastings ex-judge, impeached/convicted for bribery (elected to House)
Cong Carnahan (D-MO) lien filed on home for $17,364 unpaid roofer bill
Mass State Sen Dianne Wilkerson arrested on federal bribery charges (stuffed bribes in bra)
Carol Moseley Braun nailed for stealing $249,000 from her campaign treasury
Mass State Sen J. James Marzilli indicted for accosting four women (resigned)
Rep Jan Schakowsky (Dem/Socialist--ILL) husband’s bank fraud
Ex-leader of Young Democrats sentenced in Child Porn case
North Carolina Dem activist sentenced in child porn w/ kids as young as 6
Kerry's Band of Brothers member on-stage at DNC Convention (convicted for child porn)
Aide to Sen Barbara Boxer received/distributed child porn (convicted)
Child molester back working for Democrat in Hawaii Legislature
Wisconsin Dem mayor charged with child-sex crimes
Left-wing radio personality Bernie Ward (possession/distribution of child porn conviction)
Bwaney's ex-boyfriend ran prostitution ring at residence.
Bwaney's current live-in grows marijuana on premises.
Hawaii senator got TARP funds for bank he founded.
Sen Diane Finstein steered govt money to husband's businesses.
Cong John Murtha - massive fraud and corruption.
Cong Chuckles Schumer - crashed IndyMac by causing a run on assets.
42 Dem officials arrested in NJ corruption bust.
WV Alan Molohan -- created/funded phony non-profit.
Cold Cash Cong Jefferson stashed money in freezer (convicted)
Bexar County (San Antonio, TX) Democratic Party missing $200K

58 posted on 04/02/2010 7:58:22 AM PDT by Liz (If teens can procreate in a Volkswagen, why does a spotted owl need 2000 acres? JD Hayworth)
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