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To: WayneS
No he was just fundamentally wrong. You can't have implied powers and few and defined powers. You can't have a government judging for itself what is or isn't a legitimate power, and have few and defined powers. You can't have an unaccountable, supreme judiciary interpreting the meaning of the Constitution and have few and defined powers.

He was laughably wrong, as he found out during the first Congress, when Hamilton and Washington used implied powers to create a national bank (something Madison opposed at the time, but then supported later as president when saddled with his own war debts.)

When you speak of "legitimate" powers, you beg the question. If Hamilton and Washington couldn't agree with Madison and Jefferson on what was or wasn't a legitimate power, what makes you think it's cut and dried? It isn't. And the resolution of such questions resides with its own power structure. First the Congress, then the president judge for themselves, finally the federal judiciary can chime in and negate or amplify or amend prior judgements.

Obamacare is a case in point. Is it constitutional? You say no. But your voice doesn't count. In reality, we won't know until it gets to the SCOTUS. The president and Congress have already said it is. Few and defined? What a joke.

19 posted on 07/07/2011 10:44:32 AM PDT by Huck
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To: Huck; WayneS
You can't have implied powers and few and defined powers

Sure you can. Think real hard. For instance, Article I Section 8 provides, "To establish Post Offices and Post Roads." By your twisted logic, Congress could not set postal rates. By mine, it is necessary and proper.

20 posted on 07/07/2011 12:03:02 PM PDT by Jacquerie (I know for certain the Constitution means what it says.)
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To: Huck

Much as I love and respect the wisdom of the Constitution and the power it invests in SCOTUS,there is a higher power.
Some people might describe the reality of that higher power as our God given rights.

No human beings have the right to oppress other human beings,regardless of any SCOTUS decisions. People might abide by those decisions because not to do so will enact severe penalty,still,obedience under duress in matters that oppress, violate.


25 posted on 07/08/2011 1:11:17 AM PDT by FreeDeerHawk
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