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  #106 (permalink)  
Old 10-15-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,349

   
Re: California Politics

Quote:
Originally Posted by Marcus1124 View Post
No, in this context he was a Federalist. The fact that it was the opponents putting forward your interpretation and it was the proponents of the Constitution putting forward the clear notion that there was no general spending power conferred in the general welfare clause demonstrates that the general populous was disinclined to favor a Constitution that granted a general and unlimited power to spend for the "general welfare"; and since they did in fact ratify it that their understanding was that it was not a general grant of power, but rather as Madison put it a qualification on that preceeding it, itself qualified and restricted by the particular enumerations which followed.

And that's what makes your wording so damn silly. You are treating a mere rhetorical device as though it has any significance on the underlying constitutionality. What would you be saying if our policies were exactly the same, but that nobody had ever referred to it rhetorically as the "war on drugs"? What if instead it had been called the American Mind-Altering Substances General Welfare Restrictions and Policing Effort. No change in policy, just change in terminology? would your "general warfare" term make any sense in that case?
Why have many States insisted on their sovereign rights concerning federal usurpation of their reserved rights and powers?
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  #107 (permalink)  
Old 10-15-2009
Vice President

 
Member Since: Dec 2004
Location: DC
Posts: 6,350

   
Re: California Politics

Quote:
danielpalos
Why have many States insisted on their sovereign rights concerning federal usurpation of their reserved rights and powers?
Because the Federal Government has usurped their sovereign rights by overstepping its enumerated powers. A rejection of the doctrine of enumerated powers is completely incompatible with an interpretation of the Tenth Amendment as having any practical meaning.
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  #108 (permalink)  
Old 10-15-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,349

   
Re: California Politics

I actually agree with some of your premise. The power to Prohibit the Commerce of drugs is no longer a specifically enumerated power delegated to the general government of the Union.
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  #109 (permalink)  
Old 10-15-2009
Vice President

 
Member Since: Dec 2004
Location: DC
Posts: 6,350

   
Re: California Politics

Quote:
danielpalos
I actually agree with some of your premise. The power to Prohibit the Commerce of drugs is no longer a specifically enumerated power delegated to the general government of the Union.
If the general welfare clause gives the Federal Government an broad and general power to spend on anything related to the general welafare, why can't it prohibit commerce of certain drugs?
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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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  #110 (permalink)  
Old 10-15-2009
Secretary of State

 
Member Since: Jun 2006
Location: US, California - federalist
Posts: 5,349

   
Re: California Politics

Because it is a States' rights issue and there is historical precedent for the delegation and repeal of the power to Prohibit the Commerce of drugs. The drug war should only apply in DC and other federal property.

Besides, denying and disparaging individual liberty, suspending habeas corpus, "stealing" forms of private property, and destroying forms of wealth, "must be very singularly expressed by the terms 'to raise money for the general welfare.'"

The Prohibition amendment was one such expression and it was repealed because it did not provide for the general welfare of our republic.
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