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  #76 (permalink)  
Old 07-08-2009
Secretary of State

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

Quote:
Originally Posted by TSGracchus View Post
That isn't possible, outside the context of material circumstances in which they did: an agrarian economy, a rural population, an open frontier. That last may not be essential. The first two are.

We have not had that government since the Civil War. It will never come back. It can't.

Edit: However, that doesn't mean that we're going to emerge from the current Crisis with an even-more strengthened federal government. There's a limit to that process and I believe we've reached it, at least in some areas of governance. In fact, if things go more or less the way I think they will, at the end of this upheaval we will have ceased to be a superpower, and that means that the federal government will be able to shrink in some ways -- especially those ways that are most dangerous to liberty: the military, and the national security apparatus.

The point being that at all times we have had the government that was appropriate for our material circumstances. When that ceased to be the case, a huge upheaval and crisis -- war of independence, civil war, economic meltdown -- forced us to change. It's happening again. The sixth America will be as different from the fifth as the fifth was from the fourth or the fourth from the third. But the third will not return. Ever.
Well, there is some truth to what you say. For example, the US is not supposed to have a standing army, but I am not foolish as to propose we disband our armed forces. It is here now and we simply can't go back.

However, the US government is out of control. Spending is way out of control. I mean really, how stupid can an institution be that spends 30 million dollars sending out letters telling people to expect their stimulus checks?

You might as well have burned 30 million dollars.

Morons.
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  #77 (permalink)  
Old 07-08-2009
Chocobot's Avatar
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Norrin Radd View Post
Well, there is some truth to what you say. For example, the US is not supposed to have a standing army, but I am not foolish as to propose we disband our armed forces. It is here now and we simply can't go back.

However, the US government is out of control. Spending is way out of control. I mean really, how stupid can an institution be that spends 30 million dollars sending out letters telling people to expect their stimulus checks?

You might as well have burned 30 million dollars.

Morons.
Thats a stupid charge. These letters are effective for making sure people dont treat their cheques as junk mail. Sending emails instead would pose the same problems.

Just because its a big number it doesnt mean it wasnt a good idea.
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  #78 (permalink)  
Old 07-08-2009
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Chocobot View Post
This Madison fellow, is it his country?
It wasn't even his country, or his Constitution, when he was alive. His influence, admittedly substantial, is exaggerated by those who wish we could still live by his political ideas.
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  #79 (permalink)  
Old 07-08-2009
htperr6565's Avatar
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The voice of doom

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

Quote:
Originally Posted by jviehe View Post
Do we still live in a country of individual freedom, free markets, and limited govt. That was the country Madison designed.
no, and we never did. you have simple bought into a mythologized version of the past.

can you name one primary source document from madison? can you evaluate to what extent his ideas won, in the constitution? in the functioning of this society?
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  #80 (permalink)  
Old 07-08-2009
jviehe's Avatar
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by htperr6565 View Post
no, and we never did. you have simple bought into a mythologized version of the past.

can you name one primary source document from madison? can you evaluate to what extent his ideas won, in the constitution? in the functioning of this society?
Weve already posted them. The federalist papers. This is American History 101.
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"To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

-Thomas Jefferson
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  #81 (permalink)  
Old 07-08-2009
Chocobot's Avatar
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
It wasn't even his country, or his Constitution, when he was alive. His influence, admittedly substantial, is exaggerated by those who wish we could still live by his political ideas.
Indeed.

Seems strange to give 300+ years of history, and the varied wishes of 300+ million people over to the wishes of this long dead man.

It seems our friends Jviehe and Norrin are barking at the moon.
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  #82 (permalink)  
Old 07-08-2009
htperr6565's Avatar
Secretary of Defense
The voice of doom

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

Quote:
Originally Posted by Chocobot View Post
Indeed.

Seems strange to give 300+ years of history, and the varied wishes of 300+ million people over to the wishes of this long dead man.

It seems our friends Jviehe and Norrin are barking at the moon.
they are just examples of two minds being completely ignorant of all of the history between the myths. they know the myths, they just don't know the reality.

therefore, they are hung up on things like madison, one of 50 'founding fathers.'
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  #83 (permalink)  
Old 07-08-2009
Secretary of State

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

It may be a bit tacky, but I can't resist observing that Madison's main accomplishment as president was to get the White House burned down by British troops.
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  #84 (permalink)  
Old 07-08-2009
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by htperr6565 View Post
they are just examples of two minds being completely ignorant of all of the history between the myths. they know the myths, they just don't know the reality.
We're ignorant of history! We talk about the history of the Constitution, quote the federalist papers and the founders and we're ignorant of history?

Quote:
Originally Posted by htperr6565 View Post
therefore, they are hung up on things like madison, one of 50 'founding fathers.'
So we shouldn't be hung up on what the founders thought?

The majority of the other founders felt the same way. Although Hamilton (as was pointed out by Norrin) was for a less limited state, I dare say even he would reel back in terror at what we have done with the federal government. In any case, the Constitution is clear that the federal government was meant to be limited to the powers specifically delegated to it and nothing else.
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1. Men are endowed by God with inalienable rights.
2. Government's purpose is to secure man's God-given rights.
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  #85 (permalink)  
Old 07-08-2009
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by Eagle88 View Post
Although Hamilton (as was pointed out by Norrin) was for a less limited state, I dare say even he would reel back in terror at what we have done with the federal government.
Hardly. Have you seen Hamilton's proposed constitution that he submitted to the convention in Philadelphia? He wanted a lifetime president with an absolute, non-overrideable veto, and for the states to cease to exist as independent governments and become subordinate arms of the federal government. His own interpretation of the general welfare clause and also the necessary and sufficient clause would have given the government carte blanche to do whatever it wanted except where it was explicitly forbidden.

But it wasn't just Hamilton. He was probably the extreme edge of the faction that became the Federalist party, that wanted a strong central government to facilitate industrializing the country. Madison and Jefferson represented the other side of the discussion, the ones that wanted a weak central government and did NOT want to industrialize. The founders were not a monolith. They had disagreements among themselves just as politicians do today. The Constitution represents a compromise. Everyone agreed that if the union was to be preserved, the central government needed to be strengthened. The dispute was over how, and how much, and whose oxen would get gored.

Quote:
In any case, the Constitution is clear that the federal government was meant to be limited to the powers specifically delegated to it and nothing else.
That's not where we disagree.
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  #86 (permalink)  
Old 07-08-2009
Secretary of State

 
Member Since: Dec 2004
Location: AKRON
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Re: Constitutional Law: "To Provide for the Common Defense and General Welfare"

Quote:
Originally Posted by TSGracchus View Post
Hardly. Have you seen Hamilton's proposed constitution that he submitted to the convention in Philadelphia? He wanted a lifetime president with an absolute, non-overrideable veto, and for the states to cease to exist as independent governments and become subordinate arms of the federal government. His own interpretation of the general welfare clause and also the necessary and sufficient clause would have given the government carte blanche to do whatever it wanted except where it was explicitly forbidden.

But it wasn't just Hamilton. He was probably the extreme edge of the faction that became the Federalist party, that wanted a strong central government to facilitate industrializing the country. Madison and Jefferson represented the other side of the discussion, the ones that wanted a weak central government and did NOT want to industrialize. The founders were not a monolith. They had disagreements among themselves just as politicians do today. The Constitution represents a compromise. Everyone agreed that if the union was to be preserved, the central government needed to be strengthened. The dispute was over how, and how much, and whose oxen would get gored.



That's not where we disagree.
He said "less limited state". While his choice of wording was poor, he meant what he said. You seem to have misread his statement.

So, if it were up to Hamilton, there would have been no 10th amendment, no State's rights, yet this is the man you most align yourself with? Obviously you have no idea what most of the founding fathers cared about.

If Hamilton's view was half as pervasive as you claim, there would not have been a 10th amendment.
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  #87 (permalink)  
Old 07-08-2009
Secretary of State

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

Quote:
Originally Posted by Norrin Radd View Post
So, if it were up to Hamilton, there would have been no 10th amendment, no State's rights, yet this is the man you most align yourself with?
I've never said that. I merely use him as an example of the other side of the discussion, to show that "what the founders believed" is not fully encompassed by the words of Jefferson or Madison. I could also use John Adams or George Washington, but they didn't write any of the Federalist papers, so probably Hamilton's a better example.

Quote:
If Hamilton's view was half as pervasive as you claim, there would not have been a 10th amendment.
If Hamilton's view was not at least twice as persuasive as YOU claim, there would not have been a president. I've never claimed he stood alone or dictated the process. Obviously the Bill of Rights shows a substantial anti-federalist sentiment.
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  #88 (permalink)  
Old 07-08-2009
jviehe's Avatar
President

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

Quote:
Originally Posted by htperr6565 View Post
they are just examples of two minds being completely ignorant of all of the history between the myths. they know the myths, they just don't know the reality.

therefore, they are hung up on things like madison, one of 50 'founding fathers.'
I havent seen any reality from you yet. Just personal attacks.
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"To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

-Thomas Jefferson
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  #89 (permalink)  
Old 07-08-2009
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 Chocobot View Post
Thats a stupid charge. These letters are effective for making sure people dont treat their cheques as junk mail. Sending emails instead would pose the same problems.

Just because its a big number it doesnt mean it wasnt a good idea.
If someone would have thrown away their checks as junk mail, wouldn't they have also thrown the letter away as junk mail?
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  #90 (permalink)  
Old 07-08-2009
Secretary of State

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

Quote:
Originally Posted by TSGracchus View Post
I've never said that. I merely use him as an example of the other side of the discussion, to show that "what the founders believed" is not fully encompassed by the words of Jefferson or Madison. I could also use John Adams or George Washington, but they didn't write any of the Federalist papers, so probably Hamilton's a better example.



If Hamilton's view was not at least twice as persuasive as YOU claim, there would not have been a president. I've never claimed he stood alone or dictated the process. Obviously the Bill of Rights shows a substantial anti-federalist sentiment.
Yes, a strong anti-federalist sentiment. One shared by MOST of the founding fathers.

Did any of the founding fathers agree with Hamilton on his president for life idea? WIth his veto that couldn't be overidden?

I know a lot of history has been lost to us, funny how most of what we know about the constitutional convention c omes from the notes of one man. Now, what was his name again?

Who was the one man who was smart enough to take notes?

Damn, what was his name again?

While several people kept notes on the convention none were as complete as Madison's.

Notes From the Constitutional Convention - The U.S. Constitution Online - USConstitution.net
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