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  #361 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

I think the presence of a poverty of money in any given money based market is a "flaw in the prevailing social system". From a purely economic perspective, a poverty of money in money-based political-economies can be considered to be a form of disenfranchisement, since economic discrimination is both legal and socially acceptable.

Quote:
"If liberty and equality, as is thought by some are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost."
- Aristotle
Aristotle's point of view also accounts for money based markets within representative democracies.
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  #362 (permalink)  
Old 07-24-2009
htperr6565's Avatar
Secretary of Defense
The voice of doom

 
Member Since: Mar 2007
Location: The Glorious Southlands of the United States
Posts: 3,457

United_States     Georgia_state

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

Quote:
Originally Posted by danielpalos View Post
Paying the Debts and providing for the common Defence and general Welfare of the United States are the scope of the general powers. It means, that public monies should not be spent on the general Badfare, the common Offense, or the general Warfare; as is current practice by subscribers to the republican doctrine and where any good fallacy will work for the common Offense and general Warfare, not to mention the general Badfare.

The powers listed after the general powers are specific examples and qualifications of what was meant by the common defense and general welfare (as the scope and basis for authority of the specific powers.)







This explains why our Founding Fathers didn't simply provide a list of specifically enumerated specific powers without the general qualifiers on what constitutes the common defense and general welfare. "But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter."

Because, not everything qualifies as the common defense and general welfare.

As long as it is for the common Defense and general Welfare of the United States as specifically enumerated by that general power; it can be considered within the scope of the powers delegated to our federal Congress.

The explanations and qualifications after the general powers are what constitutes specific examples what was meant by the common defense and general welfare.



In other words, anything that does not promote the general welfare is beyond the scope of the authority of those general powers delegated to our federal Congress. It can be considered a form of States' right.

so, basically, you defend your argument by repeating it. thus, it is rather weak.
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  #363 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

If your rebuttal was sufficient and not necessitating affirmative action regarding logic and reason, you would have posted it already and proven your point.
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  #364 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

Anything that does not promote the common defense and general welfare is beyond the scope of the authority of those general powers delegated to our federal Congress.

It can be considered a form of States' right to deny and disparage the general government of the Union, in any extra-constitutional powers not specifically delegated to it.
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  #365 (permalink)  
Old 07-24-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 589

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

Quote:
Originally Posted by danielpalos View Post
Anything that does not promote the common defense and general welfare is beyond the scope of the authority of those general powers delegated to our federal Congress.

It can be considered a form of States' right to deny and disparage the general government of the Union, in any extra-constitutional powers not specifically delegated to it.
Ok, so I probably should step in this, but....

What do you mean by "general powers"? Do you mean the specific enumerated powers?
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  #366 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

Anything that does not promote the common defense and general welfare is beyond the scope of the authority of those general powers delegated to our federal Congress.
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  #367 (permalink)  
Old 07-24-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 589

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

What do you mean by "general powers"? Do you mean the specific enumerated powers?
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  #368 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

Quote:
Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
The Congress shall have Power

To lay and collect Taxes, Duties, Imposts and Excises

to pay the Debts and provide for the common Defence and general Welfare of the United States

All of the specifically enumerated general powers are specifically enumerated before the specifically enumerated specific powers, since nothing is more natural than specifying from the general to the specific.
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  #369 (permalink)  
Old 07-24-2009
dblack's Avatar
U.S. House Representative

 
Member Since: Jun 2009
Location: Philadelphia PA
Posts: 589

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

Quote:
Originally Posted by danielpalos View Post
All of the specifically enumerated general powers are specifically enumerated before the specifically enumerated specific powers, since nothing is more natural than specifying from the general to the specific.
Clearly! Nothing could be more natural.
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  #370 (permalink)  
Old 07-24-2009
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"

Daniel, you make stuff up as you go along, and very seldom do any of your posts have more than a passing acquaintance with reality, or make any logical sense, but I must admit you're entertaining and lacking in malice. So I guess it's all good.
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  #371 (permalink)  
Old 07-24-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,339

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

Do you have any specific premise you care to refute or are you simply resorting to a form of fallacy to make a point you don't have?

Quote:
Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.

The Federalist Number 41
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  #372 (permalink)  
Old 07-25-2009
Vice President

 
Member Since: Dec 2004
Location: DC
Posts: 6,347

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

Quote:
TSGracchus
That any ONE PARTICULAR person is poor is largely the result of individual choices and decisions in life -- GIVEN that there are poor people.

That there are ANY poor people at all, however, is a problem to be solved by society.
Once you recognize that poverty as an individual phenomena is a result of personal choices; that our society actually does readily provide everyone with an almost absolute opportunity to be free of poverty, poverty is not a problem to be solved by society.

The notion that it is a "problem" to be "solved" by society presumes one of two things, either there is a moral right on the part of the poor and a moral obligation on the part of the better off to provide for the poor merely because they are poor, regardless of whether it is the result of circumstances outside the influence and control of the person or not (the rare exceptional case). Or, you are making the assumption that one person being poor creates harm to others, the only way to ameliorate those harms is to make the person not poor.

Now, if poverty is by and large the result of the choices made by the poor, how do you "solve" it in a free society without the moral hazzard of punishing people who make the right choices to subsidize the poor choices of those who don't?

Also, the notion of "solving" the "problem" of poverty confuses the symptom with the sickness. Poverty is the resulting symptom of the sickness of poor life choices. Cures, or "solutions", that address the symptom of poverty is like using pain killers to "cure" illness. It doesn't actually fix the underlying problem, it merely hides the symptoms for a time, often with long-term detriment and sideeffects. A more immediate example would be dulling the senses of someone who keeps putting their hand on a stove burner...is the "problem" to be "solved" the pain resultig from putting their hand on the burner, or is it the fact that they keep putting their hand on the burner?
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  #373 (permalink)  
Old 07-25-2009
Chocobot's Avatar
Secretary of State

 
Member Since: Jun 2008
Location: Scotland
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Marcus1124 View Post
Once you recognize that poverty as an individual phenomena is a result of personal choices; that our society actually does readily provide everyone with an almost absolute opportunity to be free of poverty, poverty is not a problem to be solved by society.

The notion that it is a "problem" to be "solved" by society presumes one of two things, either there is a moral right on the part of the poor and a moral obligation on the part of the better off to provide for the poor merely because they are poor, regardless of whether it is the result of circumstances outside the influence and control of the person or not (the rare exceptional case). Or, you are making the assumption that one person being poor creates harm to others, the only way to ameliorate those harms is to make the person not poor.

Now, if poverty is by and large the result of the choices made by the poor, how do you "solve" it in a free society without the moral hazzard of punishing people who make the right choices to subsidize the poor choices of those who don't?

Also, the notion of "solving" the "problem" of poverty confuses the symptom with the sickness. Poverty is the resulting symptom of the sickness of poor life choices. Cures, or "solutions", that address the symptom of poverty is like using pain killers to "cure" illness. It doesn't actually fix the underlying problem, it merely hides the symptoms for a time, often with long-term detriment and sideeffects. A more immediate example would be dulling the senses of someone who keeps putting their hand on a stove burner...is the "problem" to be "solved" the pain resultig from putting their hand on the burner, or is it the fact that they keep putting their hand on the burner?
This would be fair comment if somehow across the world, in those places where the poor could not even make bad choices, such as alcohol excess, there were no poor people.

However, youll find that even in places where the entire population lives frugal and comparitively healthy lives such as India and China, the poor still exist in great numbers. Thus it is a structural phenomena rather than a phenomena born of personal morality.
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  #374 (permalink)  
Old 07-25-2009
Vice President

 
Member Since: Dec 2004
Location: DC
Posts: 6,347

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

Quote:
htper6565
sounds like you are convinced that in 'any free society' poverty is impossible unless someone 'chooses' to be so. care to elaborate on why you think this is an absolute truth?
I never said it is impossible, what I have said, and what is true is that in our society, there are personal choices that anyone can make that all but guarantees they will not live in chronic poverty. The chronic poverty rate is statistically insignificant among people who don't engage in substance abuse, don't have children out of wedlock, don't marry before graduating highschool, and graduate highschool.
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"It's a good feeling to shoot a bad guy. Something you democrats would never understand. Americans are homesteaders, we want a safe home, keep the money we make, and shoot bad guys!"

----Denny Crane

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  #375 (permalink)  
Old 07-25-2009
Vice President

 
Member Since: Dec 2004
Location: DC
Posts: 6,347

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

Quote:
Chocobot
This would be fair comment if somehow across the world, in those places where the poor could not even make bad choices, such as alcohol excess, there were no poor people.

However, youll find that even in places where the entire population lives frugal and comparitively healthy lives such as India and China, the poor still exist in great numbers. Thus it is a structural phenomena rather than a phenomena born of personal morality.

My apologies, I have to make this point so often, I sometimes forget that I need to stipulate I am speaking about the phenomena of poverty in this country. In THIS country, poverty is not a structural phenomena, it is by and large the result of personal choice.

Now, at the national level I would say that large-scale structural poverty is also the result of choices. In most places in the world were you have substantial relative poverty the single most defining feature is one of two things, lack individual economic freedom and liberty coupled with high levels of corruption and lack of legal frameworks to protect personal property rights and liberties.

Finally, since you bring up poverty worldwide, let me assure you, as someone who has been to more genuinely poor countries than you could probably name, I can tell you there is not any statistically significant genuine poverty in this country. The "middle class" in most of the countries you refer to would be thrilled to have the material level of well being and comfort that the average "poor" person in this country lives in.
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----Denny Crane

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