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• Weepiness (Score:1)

  by jamiemccarthy (664)

  Oh, poor weepy pudge.

  The total population of the United States when that was written was less than half the size of Los Angeles County is now. The Constitution was great, its authors were brilliant, forward-thinking men, astounding foresight, etc.

  But anything has trouble scaling over 200 years. There was huge uproar and griping over Marbury v. Madison but it turned out to be necessary to balance powers. Income tax turned out to be necessary to stabilize the middle class and literally save millions of li
  • Re:Weepiness (Score:2)

    by pudge (1) on 2003.05.15 12:20 (#20140) Homepage Journal

    Marbury v. Madison is hardly relevant here. What Marshall said is that Congress has implied powers: those powers that are necessary and proper to perform their expressed powers. That is not a blanket "do whatever is in the general welfare" interpretation.
    
    The point is that it's a living document.
    
    Feel free to amend the Constitution, if you can. Until then, it is law, and violating it is illegal. Being a "living document" does not mean you can modify the interpretation to fit what you think it SHOULD mean, it means you can amend it.
    
    sometimes we have to go by what the document says
    
    That is what I am arguing for. It is clear to any objective mind that the Constitution does not grant Congress blanket powers regardin the general welfare.
    Grow up and live in the country we have now.
    
    Grow up and follow what the law is, not what you think it should be.
    

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    • Re:Weepiness (Score:1)

      by jamiemccarthy (664)

      I note for the record that your interpretation of the commerce clause to allow the government to build roads and bridges is found nowhere within the Federalist Papers. Read Nos. 12 and 22 for example. Or just look up the commerce clause in the index and read through every mention of it. Every single time, you will find what is discussed is taxes, duties, import taxes, evading import taxes, tariffs, import taxes vs. property taxes, taxes, taxes and taxes.

      It took over a hundred years for our Supreme Cour
      • Re:Weepiness (Score:2)

        by pudge (1)

        I note for the record that your interpretation of the commerce clause to allow the government to build roads and bridges is found nowhere within the Federalist Papers.
        
        You say that as though it has some relevance to your point, or mine. Mine is that things like Medicare are not in any way related to, and therefore not implied by, any of the expressed/enumerated powers granted to Congress, but that the interstate highway system is.
        
        That Madison never mentioned it has no bearing, because Madison, to my know