Main Page | Report this Page
Politics Forum Index  »  USA (Constitution) Politics Forum  »  W.H. Tells Hill Policy 'Czars' Won't Testify...
Page 13 of 14    Goto page Previous  1, 2, 3 ... , 12, 13, 14  Next

W.H. Tells Hill Policy 'Czars' Won't Testify...

Author Message
...
Posted: Fri Nov 06, 2009 1:36 pm
Guest
On Fri, 06 Nov 2009 10:17:30 -0800, Peter Franks
<none at (no spam) none.com> wrote:

Quote:
That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.

Who elect representatives to send to a deliberative
body to enact law.
 
Josh Rosenbluth...
Posted: Fri Nov 06, 2009 8:44 pm
Guest
Peter Franks wrote:

Quote:
Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:



Intent is flawed. The text should speak for itself. Or as you
said, "The courts must ONLY look at the Constitutional text". The
text supports my model.




Then look at the text. What are the words that are used?

UNITED STATES

Not PEOPLE.

You choose, intent, text, or both. In any case, there is no
provision for PEOPLE.

Plain.

Simple.

Correct.



The text says: "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into Execution
[...] To lay and collect Taxes, [...] to [...] provide for the [...]
general Welfare of the United States"

Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people). The text supports my model.



No, it doesn't. Your inference supports your model.


What inference?


That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.

You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?

Josh Rosenbluth
 
Info Junkie...
Posted: Sat Nov 07, 2009 3:52 am
Guest
On Nov 1, 8:53 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net>
wrote:
Quote:
Info Junkie wrote:
On Oct 31, 10:56 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 31, 8:49 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 30, 6:04 pm, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 30, 1:08 pm, Josh Rosenbluth <jrosenbl... at (no spam) comcast.net> wrote:

On Oct 30, 7:38 am, Info Junkie <bondr... at (no spam) att.net> wrote:

Amendment XIV's primary function was to extend the jurisdiction of
U.S. Courts
over cases between a citizen and his state over rights protected in
the U.S. Constitution.

At least that, and making citizens of the former slaves.

See...we can agree on something Mr Rosenbluth, eh? :-)

Neither claims a "principle of Federal supremacy".

Forcing the states to adhere to honoring rights protected in the U.S.
Constitution through lawsuits in U.S. Courts, as well as forcing
states to grant citizenship to the fomer slaves, strikes me very much
as a statement of Federal supremacy.

I would venture a guess that you're confusing the "supremacy" of the
federal government with the "supremacy" of the constitutional expansion of the
protections of the BoR to individuals. IMHO, this is not a "principle of Federal
supremacy"

To me, they are part of the same thing. Both are examples of the
federal government (U.S. Courts in the example of enforcing the 14th
Amendment) reigning supreme.

To you, of course they would be "the same thing". What you (dis)miss
is that BOTH the state(s) and the federal goverment must abide by the
laws. THAT's the problem. Congress has exempted itself (and other
branches) from laws it passes, while the Executive Branch has exempted
itself by Executive Orders (illegally IMHO). You may feel the federal
government is "supreme", but not in the spirit and intent of the US
Constitution.

IMNSHO, if it's constitutional for the federal government to exempt
itself from the laws they impose on others, then it should be just as
constitutional for the states to exempt themselves as well...oh that
was nullification, eh? There is nothing in Amendment XIV that refers
to that.

From what laws does Congress exempt itself from that the states must
comply with?

Oh my.

Yet another snark you often use, but should drop.

While you post yet another style-over-substance fallacy.

Google would serve you well Mr Rosenbluth .
http://www.rules.house.gov/Archives/jcoc2ai.htm

OSHA puts requirements only on private sector workplaces. State and
federal workplaces are treated alike (public sector exempt, private
sector not exempt).

(Sigh) I wrote that Congress exempted itself from several laws (and
included the Executive Order wrt constitutional). I did NOT claim
these same laws/Executive Orders applied to the states. My response
was based on my statement, NOT your added caveat "...that the states
must comply with". My bad.

(Based on my original statement)
"The Occupational Safety and Health Act encourages states to develop
and operate, under federal OSHA guidance, state occupational safety
and health programs. Once a state plan is approved, OSHA funds up to
50 percent of the program's operating costs. States are required to
provide standards and enforcement programs, as well as voluntary
compliance activities, which are at least as effective as the federal
program."
(http://osha-compliance-manual.blogspot.com/2009/03/osha-approved-
state-programs.html)

The federal government "encourages" making the drinking age 21 as
well. Oh btw, what is "voluntary compliance"? Isn't that like the
current tax system in the USA? ROTFLMHO

THE FOIA, Ethics in Government Act, the Independent Counsel, Limitations
on Gifts, Non-Official Activities As Agent or Attorney, Personal Gain,
and Honoraria and Outside Compensation all do not apply to the states.

Congress exempted itself.

The Labor and Employment Laws that have No Relevance to the Activities
of Congress (of course) have no relevance to Congress.

Congress exempted itself . Noted is you didn't address "Title VI of
the 1964 Act prohibiting discrimination based on race, color, or
national origin in", the "1975 Age Discrimination Act", "National
Labor Relations Act", "The Worker Adjustment and Retraining
Notification Act" or the "Employee Polygraph Protection Act of 1988"

Congress is exempted from the proposed health care plan.

I'll comment on that on when we have signed legislation.

IF we have signed legislation.

From what executive orders has he executive branch

exempted itself from that the states must comply with?

http://www.archives.gov/federal-register/codification/executive-order...

The Federal Labor-Management Relations Program does not apply to the states.

http://edocket.access.gpo.gov/2009/pdf/E9-24518.pdf

The policies mandated in this executive Order doe not apply to the states.

...but does exempt the Executive Branch as I noted in my original
statement.

I don't see anything in the above examples that support the claim the
federal government is treating itself in a special manner.

Now that I clarified by position (without your added caveat) , your
points are now moot.

Your original statement was "if it's constitutional for the federal
government to exempt itself from the laws *they impose on others* {my
emphasis}, then it should be just as constitutional for the states to
exempt themselves as well."

It's that "impose on others [outside the federal government]" that leads
to the "added caveat" (it's a qualifier, not a caveat).

Yes you added the words "...that the states must comply with", a
qualifier (not a caveat) I did not place in my original statement.
Laws passed by Congress that "they impose on others" refer to those
outside of the Legislative Branch. This is also true wrt Executive
Order, i.e., laws signed by the POTUS that are imposed on others
outside of the Executive Branch. not in Congress

Quote:
The qualifier
is thus essential. My points are not mooted.

ROTFLMHO. Unless you now wish to prove you are a 100% accurate mind-
reader Mr Rosenbluth, your input as to whether your added qualifier
"...that the states must comply with", has no validity of it is
"esstential" or not to my original comments. *I* make the decision to
MY original comments and have already shown your qualifier is NOT what
I claimed.

Ergo, my comment "IMNSHO, if it's constitutional for the federal
government to exempt itself from the laws they impose on others, then
it should be just as constitutional for the states to exempt
themselves as well...oh that was nullification, eh? There is nothing
in Amendment XIV that refers to that" remains accurate in the context
orginally posted.

THAT Mr Rosenbluth, means your points are indeed mooted as they were
based on false assertions.
 
Peter Franks...
Posted: Sat Nov 07, 2009 12:39 pm
Guest
Josh Rosenbluth wrote:
Quote:
Peter Franks wrote:

Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:



Intent is flawed. The text should speak for itself. Or as you
said, "The courts must ONLY look at the Constitutional text".
The text supports my model.




Then look at the text. What are the words that are used?

UNITED STATES

Not PEOPLE.

You choose, intent, text, or both. In any case, there is no
provision for PEOPLE.

Plain.

Simple.

Correct.



The text says: "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into
Execution [...] To lay and collect Taxes, [...] to [...] provide
for the [...] general Welfare of the United States"

Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people). The text supports my model.



No, it doesn't. Your inference supports your model.


What inference?


That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.

You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?

No. But the federal grant of authority stops at the state line.
 
...
Posted: Sat Nov 07, 2009 4:19 pm
Guest
On Sat, 7 Nov 2009 05:52:44 -0800 (PST), Info Junkie
<bondrock at (no spam) att.net> wrote:

Quote:
THAT Mr Rosenbluth, means your points are indeed mooted as they were
based on false assertions.


That sounds like you declaring yourself a
winner---despite having your ass handed you.
 
...
Posted: Sat Nov 07, 2009 4:19 pm
Guest
On Sat, 07 Nov 2009 09:39:23 -0800, Peter Franks
<none at (no spam) none.com> wrote:

Quote:
You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?

No. But the federal grant of authority stops at the state line.

In your dreams, tho--

States are not superior to the federal government
 
Josh Rosenbluth...
Posted: Sun Nov 08, 2009 2:21 am
Guest
On Nov 7, 8:52 am, Info Junkie <bondr... at (no spam) att.net> wrote:
Quote:
On Nov 1, 8:53 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:





Info Junkie wrote:
On Oct 31, 10:56 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 31, 8:49 am, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 30, 6:04 pm, Josh Rosenbluth <jrosenbl... at (no spam) gotcha.comcast.net
wrote:

Info Junkie wrote:

On Oct 30, 1:08 pm, Josh Rosenbluth <jrosenbl... at (no spam) comcast.net> wrote:

On Oct 30, 7:38 am, Info Junkie <bondr... at (no spam) att.net> wrote:

Amendment XIV's primary function was to extend the jurisdiction of
U.S. Courts
over cases between a citizen and his state over rights protected in
the U.S. Constitution.

At least that, and making citizens of the former slaves.

See...we can agree on something Mr Rosenbluth, eh?  :-)

Neither claims a "principle of Federal supremacy".

Forcing the states to adhere to honoring rights protected in the U.S.
Constitution through lawsuits in U.S. Courts, as well as forcing
states to grant citizenship to the fomer slaves, strikes me very much
as a statement of Federal supremacy.

I would venture a guess that you're confusing the "supremacy" of the
federal government with the "supremacy" of the constitutional expansion of the
protections of the BoR to individuals. IMHO, this is not a "principle of Federal
supremacy"

To me, they are part of the same thing.  Both are examples of the
federal government (U.S. Courts in the example of enforcing the 14th
Amendment) reigning supreme.

To you, of course they would be "the same thing". What you (dis)miss
is that BOTH the state(s) and the federal goverment must abide by the
laws. THAT's the problem. Congress has exempted itself (and other
branches) from laws it passes, while the Executive Branch has exempted
itself by Executive Orders (illegally IMHO). You may feel the federal
government is "supreme", but not in the spirit and intent of the US
Constitution.

IMNSHO, if it's constitutional for the federal government to exempt
itself from the laws they impose on others, then it should be just as
constitutional for the states to exempt themselves as well...oh that
was nullification, eh? There is nothing in Amendment XIV that refers
to that.

From what laws does Congress exempt itself from that the states must
comply with?

Oh my.

Yet another snark you often use, but should drop.

While you post yet another style-over-substance fallacy.

Google would serve you well Mr Rosenbluth .
http://www.rules.house.gov/Archives/jcoc2ai.htm

OSHA puts requirements only on private sector workplaces.  State and
federal workplaces are treated alike (public sector exempt, private
sector not exempt).

(Sigh) I wrote that Congress exempted itself from several laws (and
included the Executive Order wrt constitutional). I did NOT claim
these same laws/Executive Orders applied to the states. My response
was based on my statement, NOT your added caveat "...that the states
must comply with".  My bad.

(Based on my original statement)
"The Occupational Safety and Health Act encourages states to develop
and operate, under federal OSHA guidance, state occupational safety
and health programs. Once a state plan is approved, OSHA funds up to
50 percent of the program's operating costs. States are required to
provide standards and enforcement programs, as well as voluntary
compliance activities, which are at least as effective as the federal
program."
(http://osha-compliance-manual.blogspot.com/2009/03/osha-approved-
state-programs.html)

The federal government "encourages" making the drinking age 21 as
well. Oh btw, what is "voluntary compliance"?  Isn't that like the
current tax system in the USA? ROTFLMHO

THE FOIA, Ethics in Government Act, the Independent Counsel, Limitations
on Gifts, Non-Official Activities As Agent or Attorney, Personal Gain,
and Honoraria and Outside Compensation all do not apply to the states..

Congress exempted itself.

The Labor and Employment Laws that have No Relevance to the Activities
of Congress (of course) have no relevance to Congress.

Congress exempted itself . Noted is you didn't address "Title VI of
the 1964 Act prohibiting discrimination based on race, color, or
national origin in", the "1975 Age Discrimination Act", "National
Labor Relations Act", "The Worker Adjustment and Retraining
Notification Act" or the "Employee Polygraph Protection Act of 1988"

Congress is exempted from the proposed health care plan.

I'll comment on that on when we have signed legislation.

IF we have signed legislation.

From what executive orders has he executive branch

exempted itself from that the states must comply with?

http://www.archives.gov/federal-register/codification/executive-order...

The Federal Labor-Management Relations Program does not apply to the states.

http://edocket.access.gpo.gov/2009/pdf/E9-24518.pdf

The policies mandated in this executive Order doe not apply to the states.

...but does exempt the Executive Branch as I noted in my original
statement.

I don't see anything in the above examples that support the claim the
federal government is treating itself in a special manner.

Now that I clarified by position (without your added caveat) , your
points are now moot.

Your original statement was "if it's constitutional for the federal
government to exempt itself from the laws *they impose on others* {my
emphasis}, then it should be just as constitutional for the states to
exempt themselves as well."

It's that "impose on others [outside the federal government]" that leads
to the "added caveat" (it's a qualifier, not a caveat).

Yes you added the words "...that the states must comply with", a
qualifier (not a caveat) I did not place in my original statement.
Laws passed by Congress that "they impose on others" refer to those
outside of the Legislative Branch. This is also true wrt Executive
Order, i.e., laws signed by the POTUS that are imposed on others
outside of the Executive Branch. not in Congress

The qualifier
is thus essential.  My points are not mooted.

ROTFLMHO. Unless you now wish to prove you are a 100% accurate mind-
reader Mr Rosenbluth, your input as to whether your added qualifier
"...that the states must comply with",  has no validity of it is
"esstential" or not to my original comments. *I* make the decision to
MY original comments and have already shown your qualifier is NOT what
I claimed.

Ergo, my comment "IMNSHO, if it's constitutional for the federal
government to exempt itself from the laws they impose on others, then
it should be just as constitutional for the states to exempt
themselves as well...oh that was nullification, eh? There is nothing
in Amendment XIV that refers to that" remains accurate in the context
orginally posted.

THAT Mr Rosenbluth, means your points are indeed mooted as they were
based on false assertions.

It is constitutional for one branch of a state government to pass a
law/order that applies to other branches of that state government
while exempting itself from that law/order. What's the big deal?

Josh Rosenbluth
 
Josh Rosenbluth...
Posted: Sun Nov 08, 2009 2:27 am
Guest
On Nov 7, 12:39 pm, Peter Franks <n... at (no spam) none.com> wrote:
Quote:
Josh Rosenbluth wrote:
Peter Franks wrote:

Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:

Peter Franks wrote:

Josh Rosenbluth wrote:

Intent is flawed.  The text should speak for itself.  Or as you
said, "The courts must ONLY look at the Constitutional text".  
The text supports my model.

Then look at the text.  What are the words that are used?

UNITED STATES

Not PEOPLE.

You choose, intent, text, or both.  In any case, there is no
provision for PEOPLE.

Plain.

Simple.

Correct.

The text says:  "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into
Execution [...] To lay and collect Taxes, [...] to [...] provide
for the [...] general Welfare of the United States"

Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people).  The text supports my model.

No, it doesn't.  Your inference supports your model.

What inference?

That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.

You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?

No.  But the federal grant of authority stops at the state line.

There is nothing in the text that says anything about "stopping at a
state line" (I don't even know what that means - we aren't talking
about the Commerce Clause):

"The Congress shall have Power To [...] make all Laws which shall be
necessary and proper for carrying into Execution [...] To lay and
collect Taxes, [...] to [...] provide for the [...] general Welfare of
the United States"

Since you agree that providing for the welfare of the people is
necessary and proper for providing for the welfare of the United
States, how can you not agree that providing for the welfare of the
people is authorized?

Josh Rosenbluth
 
Josh Rosenbluth...
Posted: Mon Nov 09, 2009 2:00 pm
Guest
On Nov 9, 6:43 pm, Peter Franks <n... at (no spam) none.com> wrote:
Quote:
Josh Rosenbluth wrote:
On Nov 7, 12:39 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Intent is flawed.  The text should speak for itself.  Or as you
said, "The courts must ONLY look at the Constitutional text".  
The text supports my model.
Then look at the text.  What are the words that are used?
UNITED STATES
Not PEOPLE.
You choose, intent, text, or both.  In any case, there is no
provision for PEOPLE.
Plain.
Simple.
Correct.
The text says:  "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into
Execution [...] To lay and collect Taxes, [...] to [...] provide
for the [...] general Welfare of the United States"
Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people).  The text supports my model.
No, it doesn't.  Your inference supports your model.
What inference?
That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.
You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?
No.  But the federal grant of authority stops at the state line.

There is nothing in the text that says anything about "stopping at a
state line" (I don't even know what that means - we aren't talking
about the Commerce Clause):

Yes there is -- it references "United States", not people.  Using your
same argument, against yourself: there is nothing that says anything
about applying to the people.  Per X, that which is not explicitly
delegated is not delegated.

The Necessary and Proper clause explicitly authorizes *all* laws
necessary and proper to providing for the welfare of the United
States. We have agreed that providing for the people is necessary and
proper to that end - thus the authorization is explicit.

Quote:
"The Congress shall have Power To [...] make all Laws which shall be
necessary and proper for carrying into Execution [...] To lay and
collect Taxes, [...] to [...] provide for the [...] general Welfare of
the United States"

Since you agree that providing for the welfare of the people is
necessary and proper for providing for the welfare of the United
States, how can you not agree that providing for the welfare of the
people is authorized?

There is order in all things.  The federal government is responsible for
the nation and the states; the states are responsible for the localities
and the people.

But, providing for the people is necessary and proper for providing
for the nation. The text of the Necessary and Proper clause directly
contradicts your claim about the order of things.

Josh Rosenbluth
 
Josh Rosenbluth...
Posted: Mon Nov 09, 2009 2:46 pm
Guest
On Nov 9, 7:18 pm, Peter Franks <n... at (no spam) none.com> wrote:
Quote:
Josh Rosenbluth wrote:

The Necessary and Proper clause explicitly authorizes *all* laws
necessary and proper to providing for the welfare of the United
States.  We have agreed that providing for the people is necessary and
proper to that end - thus the authorization is explicit.

 From the federal level, it is necessary, but it is not proper.

*Proper* implies order.

Implies? The commonly understood meaning of "proper" in 1789 does not
imply any such thing, and the text speaks for itself.

Can we conclude this debate by saying I believe that the federal
government providing for the welfare of the people is necessary and
proper for providing for the welfare of the United States - and you
disagree.

Josh Rosenbluth
 
Peter Franks...
Posted: Mon Nov 09, 2009 6:43 pm
Guest
Josh Rosenbluth wrote:
Quote:
On Nov 7, 12:39 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Intent is flawed. The text should speak for itself. Or as you
said, "The courts must ONLY look at the Constitutional text".
The text supports my model.
Then look at the text. What are the words that are used?
UNITED STATES
Not PEOPLE.
You choose, intent, text, or both. In any case, there is no
provision for PEOPLE.
Plain.
Simple.
Correct.
The text says: "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into
Execution [...] To lay and collect Taxes, [...] to [...] provide
for the [...] general Welfare of the United States"
Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people). The text supports my model.
No, it doesn't. Your inference supports your model.
What inference?
That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.
You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?
No. But the federal grant of authority stops at the state line.

There is nothing in the text that says anything about "stopping at a
state line" (I don't even know what that means - we aren't talking
about the Commerce Clause):

Yes there is -- it references "United States", not people. Using your
same argument, against yourself: there is nothing that says anything
about applying to the people. Per X, that which is not explicitly
delegated is not delegated.

Quote:
"The Congress shall have Power To [...] make all Laws which shall be
necessary and proper for carrying into Execution [...] To lay and
collect Taxes, [...] to [...] provide for the [...] general Welfare of
the United States"

Since you agree that providing for the welfare of the people is
necessary and proper for providing for the welfare of the United
States, how can you not agree that providing for the welfare of the
people is authorized?

There is order in all things. The federal government is responsible for
the nation and the states; the states are responsible for the localities
and the people.
 
Peter Franks...
Posted: Mon Nov 09, 2009 7:18 pm
Guest
Josh Rosenbluth wrote:
Quote:
On Nov 9, 6:43 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:
On Nov 7, 12:39 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Peter Franks wrote:
Josh Rosenbluth wrote:
Intent is flawed. The text should speak for itself. Or as you
said, "The courts must ONLY look at the Constitutional text".
The text supports my model.
Then look at the text. What are the words that are used?
UNITED STATES
Not PEOPLE.
You choose, intent, text, or both. In any case, there is no
provision for PEOPLE.
Plain.
Simple.
Correct.
The text says: "The Congress shall have Power To [...] make all
Laws which shall be necessary and proper for carrying into
Execution [...] To lay and collect Taxes, [...] to [...] provide
for the [...] general Welfare of the United States"
Providing for the welfare of the people is necessary and proper for
providing for the welfare of the United States (where United States
does not mean the people). The text supports my model.
No, it doesn't. Your inference supports your model.
What inference?
That 'inextricability' or 'necessary and proper' implies the grant of
power applies to the people.
You disagree that providing for the welfare of the people is necessary
and proper for providing for the welfare of the United States?
No. But the federal grant of authority stops at the state line.
There is nothing in the text that says anything about "stopping at a
state line" (I don't even know what that means - we aren't talking
about the Commerce Clause):
Yes there is -- it references "United States", not people. Using your
same argument, against yourself: there is nothing that says anything
about applying to the people. Per X, that which is not explicitly
delegated is not delegated.

The Necessary and Proper clause explicitly authorizes *all* laws
necessary and proper to providing for the welfare of the United
States. We have agreed that providing for the people is necessary and
proper to that end - thus the authorization is explicit.

From the federal level, it is necessary, but it is not proper.

*Proper* implies order.

Quote:
"The Congress shall have Power To [...] make all Laws which shall be
necessary and proper for carrying into Execution [...] To lay and
collect Taxes, [...] to [...] provide for the [...] general Welfare of
the United States"
Since you agree that providing for the welfare of the people is
necessary and proper for providing for the welfare of the United
States, how can you not agree that providing for the welfare of the
people is authorized?
There is order in all things. The federal government is responsible for
the nation and the states; the states are responsible for the localities
and the people.

But, providing for the people is necessary and proper for providing
for the nation. The text of the Necessary and Proper clause directly
contradicts your claim about the order of things.

Negative. See above.
 
...
Posted: Tue Nov 10, 2009 12:19 am
Guest
On Mon, 09 Nov 2009 15:43:04 -0800, Peter Franks
<none at (no spam) none.com> wrote:

Quote:
There is nothing in the text that says anything about "stopping at a
state line" (I don't even know what that means - we aren't talking
about the Commerce Clause):

Yes there is -- it references "United States", not people.

Same thing

All the bullshit rhetoric can't make it different
 
Peter Franks...
Posted: Tue Nov 10, 2009 12:55 am
Guest
Josh Rosenbluth wrote:
Quote:
On Nov 9, 7:18 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:

The Necessary and Proper clause explicitly authorizes *all* laws
necessary and proper to providing for the welfare of the United
States. We have agreed that providing for the people is necessary and
proper to that end - thus the authorization is explicit.
From the federal level, it is necessary, but it is not proper.

*Proper* implies order.

Implies? The commonly understood meaning of "proper" in 1789 does not
imply any such thing, and the text speaks for itself.

In all my readings, proper has always meant 'orderly'. Have you read
otherwise? If so, I'd be interested to know...

Quote:
Can we conclude this debate by saying I believe that the federal
government providing for the welfare of the people is necessary and
proper for providing for the welfare of the United States - and you
disagree.

Sure, we can end the debate, but nothing is concluded.

Either one of us is correct, or neither is correct; I'd like to know.
 
Josh Rosenbluth...
Posted: Tue Nov 10, 2009 2:06 am
Guest
On Nov 10, 12:55 am, Peter Franks <n... at (no spam) none.com> wrote:
Quote:
Josh Rosenbluth wrote:
On Nov 9, 7:18 pm, Peter Franks <n... at (no spam) none.com> wrote:
Josh Rosenbluth wrote:

The Necessary and Proper clause explicitly authorizes *all* laws
necessary and proper to providing for the welfare of the United
States.  We have agreed that providing for the people is necessary and
proper to that end - thus the authorization is explicit.
 From the federal level, it is necessary, but it is not proper.

*Proper* implies order.

Implies?  The commonly understood meaning of "proper" in 1789 does not
imply any such thing, and the text speaks for itself.

In all my readings, proper has always meant 'orderly'.  Have you read
otherwise?  If so, I'd be interested to know...

Bob LeChevalier.nicely summarized the meaning.

Quote:
Can we conclude this debate by saying I believe that the federal
government providing for the welfare of the people is necessary and
proper for providing for the welfare of the United States - and you
disagree.

Sure, we can end the debate, but nothing is concluded.

Either one of us is correct, or neither is correct; I'd like to know.

Correct? We are expressing opinions, not stating facts. There can be
no definitive claim of who is right. All we can do is clearly state
where we disgaree, and why, and let others decide for themselves who
has the more persuasive argument. By "concluding the debate", I mean
we have met the goal of clearly stating where and why we disagree.

Josh Rosenbluth
 
 
Page 13 of 14    Goto page Previous  1, 2, 3 ... , 12, 13, 14  Next
All times are GMT - 5 Hours
The time now is Sat Nov 28, 2009 4:43 am