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False Federalism: In Gonzales v. Raich, it’s the state that’s violating federalist principles.
National Review ^
| 6/8/05
| Wesley J. Smith
Posted on 06/08/2005 4:19:52 PM PDT by Crackingham
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To: William Terrell
"I mean, do you agree with the concept of a "republic" in that its distinguishing feature is a constitution that defines the limits of the government within bounds?"Of course. I believe the U.S. Constitution was written to define the limits of the federal (not state) government.
State constitutions define the limits of each state. That was the original intent of the Founding Fathers.
To: robertpaulsen
SUPREME COURT RULING: You can arrest those using marijuana for medical purposes ^
Posted by robertpaulsen to KDD
On News/Activism ^ 06/08/2005 8:50:08 PM PDT · 1,075 of 1,083 ^
Let's be honest and open here. You're saying that the federal government has no business regulating any drug, recreational or prescription, and that it is up to each state to decide the issue.
_____________________________________
False Federalism: In Gonzales v. Raich, it's the state that's violating federalist principles. ^
Posted by robertpaulsen to William Tell
On News/Activism ^ 06/08/2005 8:35:56 PM PDT · 18 of 19 ^
Do you have a problem with each state deciding how they want to live? Are you more comfortable with one set of laws that apply to every state?
Paulsen plays both ends.. Yet again
22
posted on
06/08/2005 10:04:41 PM PDT
by
P_A_I
To: robertpaulsen
Then we agree that a constitution defines the operational bounds of a government. In order to do so, it defines the areas of sovereignty that administrators and elected officials may assume, by specifically naming powers, over the states and people, that they can wield.
You agree?
23
posted on
06/08/2005 10:24:25 PM PDT
by
William Terrell
(Individuals can exist without government but government can't exist without individuals.)
To: William Terrell; Everybody; robertpaulsen
William Terrell:
"I mean, do you agree with the concept of a "republic" in that its distinguishing feature is a constitution that defines the limits of the government within bounds?"
_____________________________________
Of course. I believe the U.S. Constitution was written to define the limits of the federal (not state) government.
State constitutions define the limits of each state.
That was the original intent of the Founding Fathers.
21 robertpaulsen
Paulsen misunderstands & ignores the words of the US Constitution once again.
It was the original intent of the Founding Fathers, clearly written, that all States have republican forms of government - wherein all judges & officials are pledged to support the US Constitution - notwithstanding any Thing in the Constitutions of any State to the Contrary.
24
posted on
06/08/2005 10:35:57 PM PDT
by
P_A_I
To: P_A_I
Absent federal laws to the contrary, the states are free to set their own. I've been consistent in my statements.
To: William Terrell
"Then we agree that a constitution defines the operational bounds of a government. In order to do so, it defines the areas of sovereignty that administrators and elected officials may assume, by specifically naming powers, over the states and people, that they can wield."Yes. And those constitutions also define the rights protected.
To: robertpaulsen
I believe the U.S. Constitution was written to define the limits of the federal (not state) government.
State constitutions define the limits of each state. That was the original intent of the Founding Fathers. It was the original intent of the Founding Fathers, clearly written, that all States have republican forms of government - wherein all judges & officials are bound by oath to support the US Constitution - notwithstanding any Thing in the Constitutions of any State to the Contrary.
Absent federal laws to the contrary, the states are free to set their own.
You: " -- believe the U.S. Constitution was written to define the limits of the federal (not state) government."
And that only: "State constitutions define the limits of each state."
I've been consistent in my statements.
Your own words quoted above show your logical inconsistencies.
Can you admit it?
27
posted on
06/09/2005 12:17:33 AM PDT
by
P_A_I
To: robertpaulsen
Yes. And those constitutions also define the rights protected. No. The federal constitution defines the sovereign powers of that government, beyond which it is not to stray. In a positive list of grants to a government, all not listed are therefore not granted.
You agree?
28
posted on
06/09/2005 10:42:08 AM PDT
by
William Terrell
(Individuals can exist without government but government can't exist without individuals.)
To: Crackingham
Does Oregon have the constitutional right to force the United States government to permit state doctors to assist patient suicides with federally controlled substances (narcotics)?force to permit. The author doesn't notice how absurd that notion is.
29
posted on
06/09/2005 10:58:30 AM PDT
by
Sandy
To: Sandy; William Terrell; yall
30
posted on
06/09/2005 11:23:11 AM PDT
by
P_A_I
To: William Terrell
"The federal constitution defines the sovereign powers of that government, beyond which it is not to stray. In a positive list of grants to a government, all not listed are therefore not granted."I agree.
To: Sandy
"force to permit. The author doesn't notice how absurd that notion is."In a similar case, don't you remember how California forced the United States government to permit state doctors to "recommend" marijuana to their patients?
"California in particular has been at the legal forefront on the issue. A 1996 voter referendum, the Compassionate Use Act, allowed marijuana use by those who receive "the written or oral recommendation or approval of a physician."
"Federal health officials had told doctors who recommend or prescribe the substance could risk losing their medical license."
"A federal appeals court ruled against the government, saying in its ruling, "physicians must be able to speak frankly and openly to patients." The Justice Department then appealed to the Supreme Court."
"Supreme Court justices on Tuesday rejected the Bush administration's request to consider whether the federal government can punish doctors for recommending or even discussing the use of marijuana for their patients."
To: robertpaulsen
Since a republican government has its powers defined, and the reason those powers are defined is to limit the exercise of them over the areas of sovereignty held by the states and people, then a consitution that gives complete power of regulation and prohibition to the republican governemnt over every object, and activity related to that object, in the nation, one could say that it is no constitution, and does not limit the powers of that government. Therefore the government is not a republic.
Do you agree?
33
posted on
06/09/2005 8:29:27 PM PDT
by
William Terrell
(Individuals can exist without government but government can't exist without individuals.)
To: William Terrell
... then a consitution that gives complete power of regulation and prohibition to the republican governemnt over every object, and activity related to that object, in the nation, one could say that it is no constitution, and does not limit the powers of that government. Therefore the government is not a republic."I agree. Though I'm not familiar with any constitution that does that.
To: robertpaulsen
I agree. Though I'm not familiar with any constitution that does that. This one. By decision of the US Supreme Court.
35
posted on
06/09/2005 8:54:10 PM PDT
by
William Terrell
(Individuals can exist without government but government can't exist without individuals.)
To: William Terrell
"By decision of the US Supreme Court"By the same Court that recently struck down two highly publicized cases whereby it was concluded that Congress did NOT have the power to regulate commerce?
To: robertpaulsen
By the same Court that recently struck down two highly publicized cases whereby it was concluded that Congress did NOT have the power to regulate commerce? Oh, I see. The Supreme Court can determine what objects and activities related to those objects can be prohibited, even though, through their logic, any object can be prohibited, they can give a break to certain ones. That makes me feel better.
Since the Supreme Court is part of the republican government, too, what matters if they or Congress do the dirty deed?
37
posted on
06/10/2005 12:20:17 PM PDT
by
William Terrell
(Individuals can exist without government but government can't exist without individuals.)
To: William Terrell
"The Supreme Court can determine what objects and activities related to those objects can be prohibited"Ever since Marbury v Madison, yes, the Supreme Court can determine if Congress exceeded its authority in Commerce Clause cases.
It is NOT true that the U.S. Constitution gives Congress "complete power of regulation and prohibition to the republican governemnt over every object, and activity related to that object, in the nation".
"Since the Supreme Court is part of the republican government, too, what matters if they or Congress do the dirty deed?"
I'm really not the one to talk to about these "conspiracy" theories.
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