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  #271 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2005
Location: San Francisco Bay Area
Posts: 5,221

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by dblack View Post
Wild speculation at best. It wouldn't be what it is today, that's for sure. But we'd likely be around in - just in different form.
It's not wild speculation. The minimal government established by the Democratic-Republicans after Jefferson's victory in 1800 failed, as a matter of historical fact, in 1861. The nation became too big, too industrialized, and too regionally diverse to hold together without a stronger central government than Jefferson intended. One of the arguments Hamilton, Jay, and Madison advanced in the early Federalist papers was that a stronger central government (than the Articles of Confederation) was needed to hold the union together, and that failing to hold the union together would result in constant war, which would mean standing armies and (they argued) the end of liberty. I believe they were right, and that the Civil War shows that even so they failed to establish a government strong enough to hold the union together as it industrialized.

Quote:
Moving our nation back to the original limited government ideals would do a lot to get us back to a federal government that is focused on protecting it's member states, rather than operating an expansionist empire on behalf of the corporate world.
I'm no happier about the American empire than you are, but I don't regard splitting the country into 50 countries or (more likely) several regional federations as a good solution -- although I'll grant you it would end the empire. Rather, somehow we must break the corporate power over the state, end the influence of campaign donations over politics.
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  #272 (permalink)  
Old 07-19-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 588

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
I believe they were right, and that the Civil War shows that even so they failed to establish a government strong enough to hold the union together as it industrialized.
And I don't. The Civil War, or rather the secession of the southern states, was a result of an overreaching central government. Your premise seems to be that the states wouldn't have stayed together without a strong authority forcing them to. In my opinion, if the only thing holding us together was authoritarian might, then the union wasn't worth saving. However, I don't believe that was the case. The union could have been preserved by recognizing states rights and dealing honestly with the complaints of the southern states. Instead, we chose the authoritarian might solution and in so doing pushed the balance of power decidedly toward the nation-state. Federalism (in the US) pretty much died at that point.

Quote:
I'm no happier about the American empire than you are, but I don't regard splitting the country into 50 countries or (more likely) several regional federations as a good solution
Again, that's speculation - and pretty pessimistic speculation at that. There are countless ways the union might have been saved while preserving the constitution.
Quote:
Rather, somehow we must break the corporate power over the state, end the influence of campaign donations over politics.
And how do you propose we do that? Stronger centralized government, perhaps?
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  #273 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

I think we should just eliminate official poverty in our republic instead of denying and disparaging individual liberty.
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  #274 (permalink)  
Old 07-19-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 588

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
I think we should just eliminate official poverty in our republic instead of denying and disparaging individual liberty.
huh?
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  #275 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

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Originally Posted by dblack View Post
huh?
Placing more restrictions on our individual liberty is not a good thing.
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  #276 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
Posts: 4,679

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
If we had continued to have the small, minimal federal government that SOME (not all) of the framers intended, the United States of America would have ceased to exist long ago.
You don't know that. What, you have a crystal ball or something where you can see alternate futures?

Most of the policies performed by the FEDGOV could be performed by the states. While it is possible that you are correct and the US would not have survived a small federal government, it is also possible you are wrong. Anyways, TRUE Americans would rather be destroyed than to be slaves to corporations and a corrupt government.
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  #277 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
Posts: 4,679

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
It's not wild speculation. The minimal government established by the Democratic-Republicans after Jefferson's victory in 1800 failed, as a matter of historical fact, in 1861. The nation became too big, too industrialized, and too regionally diverse to hold together without a stronger central government than Jefferson intended. One of the arguments Hamilton, Jay, and Madison advanced in the early Federalist papers was that a stronger central government (than the Articles of Confederation) was needed to hold the union together, and that failing to hold the union together would result in constant war, which would mean standing armies and (they argued) the end of liberty. I believe they were right, and that the Civil War shows that even so they failed to establish a government strong enough to hold the union together as it industrialized.



I'm no happier about the American empire than you are, but I don't regard splitting the country into 50 countries or (more likely) several regional federations as a good solution -- although I'll grant you it would end the empire. Rather, somehow we must break the corporate power over the state, end the influence of campaign donations over politics.
How do we break the corporate power?
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  #278 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

I think it depends on what you mean by a small federal government. Anything FedGov does requires large scale-economies as any federal public works can attest to.

Many of the issues that some of the opposing viewpoint consider important, are not very important, from a fiscal policy perspective. Public sector means of production should be more of a priority than simply limiting government for the sake of limited government, since it would mean less improvement to our general welfare.

Public sector means of production could reduce our tax burden and other public and private sector costs. Lowering the cost of government is more realistic in our objective reality than simply eliminating public sector jobs and claiming limiting government.

As a federalist, my goal is to have zero percent direct and invasive income tax. All public sector costs should be defrayed by public sector means of production and general "Taxes, Duties, Imposts and Excises"; except in cases of invasion, rebellion or insurrection should the general welfare of the republic require it.

As a public policy goal, this is what I am referring to when those of the opposing viewpoint resort to conspiracy theory as a form of special pleading; while claiming fiscal conservatism.

Last edited by danielpalos; 07-19-2009 at 12:43 PM.
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  #279 (permalink)  
Old 07-19-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 588

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
public sector means of production
daniel,

I'm having a hard time tracking most of what you're saying. I do recognize this phrase, however, and it's always seemed very problematic. What exactly do you mean by "means of production"? And which "means of production" are considered "public sector" in your view?
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  #280 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by dblack View Post
daniel,

I'm having a hard time tracking most of what you're saying. I do recognize this phrase, however, and it's always seemed very problematic. What exactly do you mean by "means of production"? And which "means of production" are considered "public sector" in your view?
A public sector means of production is synonymous with a public sector business venture. The postal service, Hoover Dam and the Fed are examples of public sector means of production and public sector business ventures.

Natural public sector monopolies should be considered the best use of public resources that are non-rivalrous and non-excludable. Public policy can be used to artificially create markets that can function as public sector means of production. Public works can be considered as an example. Ideally, public policy would conform to ideal firm size theory.
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  #281 (permalink)  
Old 07-19-2009
daddio's Avatar
Vice President

 
Member Since: Jun 2008
Location: the south
Posts: 8,833

United_States     Virginia

Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
There was no chance of that happening. The slave power in Congress was on the wane, not increasing. That's why the south seceded. 3/5 was the compromise at the time the Constitution was ratified; it was the best deal the slave states could possibly get.

Of course it was about power, but it's ALWAYS about power. There are also always other issues that the struggle for power is itself about, though, and at the time of the Civil War, slavery was the biggest one. It was a conflict between two elites, the planters and the capitalists, but the biggest single quarrel between them was slavery, which was the keystone of the planters' wealth and power. Abolish slavery, and you abolished the planter class.



If you want to understand why the Civil War happened, ignore Abraham Lincoln (for a moment) and look instead at the South Carolina legislature. Without secession, there would have been no Civil War. Why did the states secede? To protect slavery.

Now look back at Lincoln. What did he propose to do that would have threatened slavery? Abolish it? No. But he did want to keep slavery out of the new territories as they became states. Each such state would have meant 2 new anti-slavery votes in the Senate, and at least one (and growing) in the House. Plus one more state that would vote to ratify a constitutional amendment abolishing slavery if such made it out of Congress.

Lincoln also, being a Republican, would support more pro-industry legislation that would strengthen the capitalist elite at the expense of the planters, and they didn't like that, either. But the big issue was slavery. The writing was on the wall, and it was either accept the inevitable or try to secede. They chose the latter.



You're forgetting the capitalist elite. True, the working class in the north did not benefit from emancipation, except morally. The capitalist class, however, benefited greatly, in three ways. One was the expansion of the labor pool which helped them drive wages down. Another was the political victory it handed to the Republican Party, which (then as always) represented their interests. And the third was the total destruction of their rivals, the slave-owning planter elite. After the Civil War, the capitalist class reigned supreme in the U.S., where before they had had to share power with the planters. After that, everything went their way, until the labor wars.

And I have to say, you're also forgetting the slaves. The Civil War may have been at root a cold-blooded power contest between two very nasty elite classes, but for black people held in bondage it also meant freedom. Granted, black people exchanged slavery for a form of serfdom, and were no more truly free than the downtrodden white factory-fodder in the north, but that's still a BIG step up from being someone's chattel.


You're getting there. Lincoln won without any southern electoral votes. If he was toi secure his dream of a dominant federal government, he cound not risk having new states with state's rightrs inclinations.
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  #282 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

I think it should be considered less moral and less ethical, to advocate eliminating an organ of the federal government that generates revenue, and claiming that eliminating the drug war is less of a priority than reducing social spending; as a form of alleged fiscal conservatism.

The Drug War has no basis in our Constitution since the repeal of the prohibition amendment.

Congress has the power to delegate monetary policy, but not fiscal policy.

This is another example of a lack of fiscal conservatism from those of the opposing viewpoint that resort to conspiracy theory as a form of special pleading; instead of a more rational argument that embodies actual fiscal conservatism while protecting individual liberty.
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  #283 (permalink)  
Old 07-19-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 588

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
I think it should be considered less moral and less ethical, to advocate eliminating an organ of the federal government that generates revenue, and claiming that eliminating the drug war is less of a priority than reducing social spending; as a form of alleged fiscal conservatism.
Again, I'm not confident I'm parsing your comment correctly, but perhaps it's worth noting that the drug war generates considerable revenue.

The ability to generate revenue should never be our guiding star in deciding the proper role of government.

Quote:
The Drug War has no basis in our Constitution since the repeal of the prohibition amendment.
Most of what the federal government currently does has no basis in our Constitution, unless you buy into the "general welfare" exploit, and then pretty much anything goes. Why wouldn't keeping drugs off the streets qualify as "promoting the general welfare"?

Quote:
This is another example of a lack of fiscal conservatism from those of the opposing viewpoint that resort to conspiracy theory as a form of special pleading; instead of a more rational argument that embodies actual fiscal conservatism while protecting individual liberty.
Which conspiracy theory are you referring to?
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  #284 (permalink)  
Old 07-19-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,334

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by dblack View Post
Again, I'm not confident I'm parsing your comment correctly, but perhaps it's worth noting that the drug war generates considerable revenue.

The ability to generate revenue should never be our guiding star in deciding the proper role of government.

Most of what the federal government currently does has no basis in our Constitution, unless you buy into the "general welfare" exploit, and then pretty much anything goes. Why wouldn't keeping drugs off the streets qualify as "promoting the general welfare"?

Which conspiracy theory are you referring to?
You may have a point but I am only referring to Constitutional forms of public policy. The Drug War is more heavily dependent on less efficient command economics that resort to the coercive use of force of the State, to "steal" forms of private property and destroy forms of wealth. This can be considered a denial and disparagement of individual liberty, as enumerated in our Ninth Amendment.

The general welfare is specifically enumerated in our federal Constitution. Our federal Congress is empowered to legislate in "all Cases" in DC and other federal property. And, there is nothing preventing the several States from providing for their own general welfare. It should be considered a States' right, to obligate the general government of the Union, to pay the "Debts" of those states promoting and providing for their own and several welfare as part of the United States.

Prohibition doesn't qualify as a promotion or provision of the general welfare due to its extra-constitutionality. In any event, Regulating commerce among the several States is specifically enumerated. Regulating commerce should always involve a general tax to defray that public sector cost and lower our tax burden of direct and invasive taxation.

In my view, the fact that eliminating Fed is considered more of a priority than the drug war is more of a conspiracy than the conspiracy of the Fed, itself.
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  #285 (permalink)  
Old 07-19-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 588

   
Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by danielpalos View Post
... as enumerated in our Ninth Amendment.
The ninth amendment doesn't enumerate rights. In fact, it's a denial of the concept, explicitly making the point that rights don't need to be enumerated, they're implicit.

Quote:
The general welfare is specifically enumerated in our federal Constitution.
Short of Hamilton's convoluted lawyering, it's not. And if your position is that it is, then please, don't bother defining anything as unconstitutional. As long as it fits the vague concept of "general welfare", and doesn't explicitly violate one of the eight recognized amendments in the Bill of Rights, anything goes.

Quote:
Prohibition doesn't qualify as a promotion or provision of the general welfare due to its extra-constitutionality.
Again, how does it not fit "general welfare" to keep drugs off the streets? How is it "extra-constitutional" (assuming the Hamiltonian view)?

Quote:
In my view, the fact that eliminating Fed is considered more of a priority than the drug war is more of a conspiracy than the conspiracy of the Fed, itself.
Sort of a meta-conspiracy?
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