Posted on 12/22/2001 4:59:50 AM PST by DAGO
Thus, we have established that the Congress has the constitutional
power "to put any control upon it," as you say.
Agreed.
However, this "control upon it" still has to conform to the
Bill of Rights. And it is the this lack of conformity that makes the
"control upon it," or regulations, socialistic......."
What's bothersome with this ongoing debate, is the fact that certain
matters fall under the actual Constitution articles, but are being made
here, to appear that it is only by Constitutional Amendment that it has
fallen to that jurisdiction. I hold that Constitutional amendments are
as valid as any other Constitutional mandate and should be accepted
as such until overturned. I'm not sure if the weekends bring out the
anarchists, but lawlessness does not solve a problem, it creates new
ones.
Your comment:
"...Public school and food/drug regulations violate the 5th amendment,
as described above and the 9th amendment:
"...The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people......"
I'm not too sure what "rights" you or others feel are being disregarded
by food/drug or educational regulations. The Federal government is
overseeing the industry with set standards, making operations uniform.
If a state chooses to negotiate a plan that is not conducive to Constitutional
rights of individuals, it is the Federal responsibility to correct that situation.
Federally set speed limits [55mph] are ridiculous, have been proven so and
overturned. But to say that a state [or federal agency] cannot and should
not set any limit because it would infringe on my right to drive as fast
and carelessly as I desire, is equally ridiculous.
The problem we have, is not the scope of federal power, it is in the
common sense of it's deployment.
COMRADE DAGOSAVITCH
TIRED OF BEING A COMMUNIST AGENT
OCCUPIED USSA
This remark, illuminates precisely what the problem is in the good ole' USA. Too many U.S. citizens are not sure "what rights...are being disregarded..."
You have to remember, the U.S. Constitution, in particular, is a document intended only to enumerate certain, defined powers to our federal government. It is a limiting document.
That is why the 9th amendment states, and I paraphrase, if the power of this federal government is not named and granted in this constitution, then the remaing unamed powers not granted are rights retained by the people, that shall not be denied or disparaged.
With that said, let us now analyze your following remark, consitutionally.
"...food/drug... The Federal government is overseeing the industry with set standards, making operations uniform."
Yes, through the powers granted in Article I, Section 8, Clause 3, the "commerce clause," Congress has the power to "set standards, making operations uniform."
However, there is a cost or a price to the private food/drug manufacturers that must be borne, in order to implement such regulations. (obviously, the regulations are designed for "public use.")
It is at this point, that if Congress does not also enact a corresponding tax, on all citizens, to pay for the public use of private property, then the regulations are unconstitutional. (Amendment V)
Without the corresponding tax, then all the Congress can do is inform the citizens of "standards" that a citizen may want to look for from the manufacturer of the product they wish to consume.
In addition, if the regulations also call for a banning of such products because the products do not conform to the set standards and uniform operations, this action of, denying or disparaging the right of citizens to consume or purchase whatever they want, also is unconstitutional. (Amendment IX)
As to speed limits on interstate highways, our federal Congress is prohibited from setting the speed limits within the boundaries of a soveriegn state. (Article I, Section 8, Clause 17)
Only the states can set their speed limits. For example, in Missouri, where I live, the speed limit on I-70 is 70mph.
In the states of Illinois and Indiana, the speed limit on I-70 is 65mph.
I understand in some western states, the speed limit is 80mph.
The action of our federal legislators, enacting unconstitutional laws in exchange for votes, grossly violating their oath office, is dispicable.
These same legislators know full well, that the few citizens, who know that their rights are being violated by the enactment of unconstitutional laws, in exchange for votes, will most likely not risk the money and effort of years of litigation to shepard such a challenge through our court system.
It is not supposed to be this way. They took an oath. They are to abide by it.
I agree, but we are not discussing the running of public education by federal officers or the funding of same. The Federal government may indeed be reimbursing states in some amount, but it is the states that do the taxation and the dispensing of public funds to pay for public services, including education.
I don't see the difference in the federal government "reimbursing states in some amount" for education and the federal government "funding" education. The funding of things is a power of Congress, and the funding of education is not a power enumerated in Article 1, Section 8. You also seem to think that if federal officers aren't "running education", and that if the federal involvement in education is only a matter of money, then it has not breached its prescribed limits. But again, look at what Madison said:
If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.
There is a consistent theme in Mr. Madison's statements. It is that our government must operate within defined limits. The power of the federal government to fund state education (and other public establishments of the states) lies outside of those limits.
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