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To: Demidog
That only those things explicitly given were included in the federal powers.

Wrong.

There must necessarily be admitted powers by implication, unless the constitution descended to the most minute details. It is a general principle, that all corporate bodies possess all powers incident to a corporate capacity, without being absolutely expressed. The motion was accordingly negatived. Indeed, one of the great defects of the confederation was, (as we have already seen,) that it contained a clause, prohibiting the exercise of any power, jurisdiction, or right, not expressly delegated. The consequence was, that congress were crippled at every step of their progress; and were often compelled by the very necessities of the times to usurp powers, which they did not constitutionally possess; and thus, in effect, to break down all the great barriers against tyranny and oppression.

Joseph Story, Commentaries on the Constitution 3:§§ 1900--1901

http://press-pubs.uchicago.edu/founders/documents/amendXs9.html

1,320 posted on 01/01/2002 9:42:41 PM PST by Roscoe
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To: Roscoe
This is why people keep asking you if you think the commerce clause was meant to stretch as far as New Deal "innovations" have stretched it. That's a real legitimate argument, and what you cite is a very small fig leaf to cover a very big schlong porking our rights. Morevoer this commentary predates the travesty of the New Deal legislation and subsequent commerce clause hanky panky.
1,323 posted on 01/01/2002 9:47:44 PM PST by eno_
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To: Roscoe
There must necessarily be admitted powers by implication

Balogney. You have to ignore the tenth amendment which explicitly says that there were not. In fact, Madison himself said this and it was his argument AGAINST the bill of rights. If Storey wants to ignore what the constitution plainly says then that's his problem.

1,331 posted on 01/01/2002 9:55:05 PM PST by Demidog
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To: Roscoe
I have NO problem with the Congress being crippled if it tries to go one INCH over the prescribed boundaries of the Constitution. Sad fact is, Congress AND the Executive have gone so far past their bounds they look back and can't see them. Remember, "stroke of the pen, law of the land. Kinda cool."??? And you railed against WJC, x42, why aren't you up in arms about GWB, p43???????

The government MUST stay within its bounds. The Constitution is NOT a "living document," but a ROADBLOCK to big government.

1,488 posted on 01/02/2002 11:27:41 AM PST by dcwusmc
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