Constitution- Who Cares?

The American Partisan ^ | 1/31/02 | James Antle III

[dubyajames]

On more careful reflection, I can see where my article seems to indicate that implied powers don't exist. Of course, you are correct that their existence has been part of constitutional understanding since the beginning and those Framers who objected to the idea of implied powers were out-voted. Yet is important to note that implied powers must have a direct connection to the expressly enumerated powers of the federal government. Just as the interstate commerce, general welfare and necessary and proper clauses are not blank checks for the federal government, neither is the concept of implied powers.

[dubyajames]

They are "implied" rather than expressed precisely because they are not named, as opposed to the enumerated powers which are specifically named.

[Gumption]

I'll try again ...

Can you explain to me, for example, how the 8th Amendment does "not restrict the behavior of States".

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Thanks.

[Resplendent]

It goes without saying among the few of us who care about such things that the United States has veered off track from the constitutional republic envisioned by its Founders. From a system of limited government, where the federal government had a few defined powers expressly delegated by the Constitution (shown, right) with the remainder left to the states, we have morphed into a regime under which the federal government defines its own powers and progressively turns the states into its own administrative units.

We are in real trouble here.

[tacticalogic]

LincolnDefender's position gives us no principled reason to oppose dictatorship other than the fact that LincolnDefender may disagree with the dictator's policies.

It seems to rely on the logic you ususally see inside the beltway, where they conclude that the whole point of the idea of "representative government" is to establish an individual responsiblility to be whatever the government decides to "represent".

[tacticalogic]

Conservative by your definition, perhaps. When you start counting the likes of FDR and HHH among the conservatives, it's pretty hard to find a liberal this side of Michael Moore.

[Beenliedto]

You will neither listen nor care, but you consented to the search by flying.

Why in hell did he waive his constitutional rights by purchasing an airline ticket? Does he waive when he drives his car, walks across the street, paddles a canoe? I think not.

From my perspective, that's the problem in all this. And we're all going to wind up carrying domestic passports if the present direction continues.

Please, your papers, Mein Herr.

[maestro]

?? Whatever happened to the USA's idea of, 'The Divine Right of Individual Citizenship??

[tacticalogic]

Then by your defenition, limited federal government is not a conservative idea, rather that conservatives should subscribe to the idea of unlimited federal government power, and seek to insure that that power is only used for conservative purposes. For all intents and purposes, the provisions for constitutional amendment are obsolete.