So...what currently is the Constitution in relation to the Federal Government?

Discussion in 'Politics' started by Liberty, Apr 7, 2012.

?

See thread title and post.

Poll closed May 7, 2012.
  1. The Constitution is a Product of the Government and is Supposed to be that way.

    0 vote(s)
    0.0%
  2. The Constitution is a Product of the Government and is not supposed to be that way.

    2 vote(s)
    22.2%
  3. The Government is a Product of the Constitution and is supposed to be that way.

    6 vote(s)
    66.7%
  4. The Government is a Product of the Constitution and is not supposed to be that way.

    1 vote(s)
    11.1%
  1. Liberty
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    Liberty Silver Member

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    And is that the way it is supposed to be?

    Those who pick option 3:
    How do you explain American internment camps during the FDR days if that is true?
     
    Last edited: Apr 7, 2012
  2. Oddball
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    Oddball BANNED Supporting Member

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    It's a doormat.
     
  3. Paulie
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    Paulie Platinum Member

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    Last I had heard, it was just a god damned piece of paper.
     
  4. Dragon
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    Dragon Senior Member

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    kind of a silly poll and a silly question.

    How do I explain the concentration camps for Japanese-Americans? Simple: the system isn't perfect, especially in wartime, when passions run high. We had a blatant trespass against freedom of speech during World War I, too, and too many violations of the Bill of Rights by both sides during the Civil War to even list (both sides had the same BoR, of course).

    It shouldn't have happened, it was surely against the constitutional rights of Japanese-Americans, and we live in an imperfect world. Sorry about that.
     
  5. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    That you made this a ‘poll’ is telling…

    The Constitution authorizes the three branches of the Federal government to execute their respective duties as determined by the Supreme Court and expressed by Constitutional case law, as the Constitution exists only in the context of that case law.

    The majority of this case law addresses the Legislative Branch, and what Congress may or many not do.

    For example, Article I, Section 8 of the US Constitution (the ‘Commerce Clause’) authorizes Congress to regulate wage and labor conditions for workers in the United States (see: US v. Darby (1941)). It authorizes Congress to regulate both inter- and intrastate commerce (see: Wickard v. Filburn (1942), Gonzales v. Raich (2005)). And it authorizes Congress to regulate private business with regard to public accommodations (see: Heart of Atlanta Motel v. United States (1964)).

    The Constitution is the culmination of centuries of Anglo-American jurisprudence predicated on the doctrines of judicial review, judicial interpretation, and the rule of law.
     
  6. Liberty
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    Liberty Silver Member

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    Clay, where in the constitution does it say that the supreme court has the power to define portions of the constitution? The commerce clause is meant to keep states/counties from putting tariffs on eachother...and you citing the supreme court as some sort of credible entity is ludicrous because the supreme court does not have the power to define portions of the constitution. if it does, cite in the constitution where it explicitly says that it does. please.
     
  7. Kevin_Kennedy
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    Kevin_Kennedy Defend Liberty

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    "But whether the Constitution really be one thing, or another, this much is certain—that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." - Lysander Spooner
     
  8. Oddball
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    Oddball BANNED Supporting Member

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    You'll get no colloquy with that insufferable dickweed.....He's strictly drive-by.
     
  9. Valox
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    Valox Senior Member

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    I most identify with option 3, but I am not a Constitutionalist. I like the spirit behind the BoR, but I am more of an Anti-Federalist.

    FDR was a power hungry president who sought to expand his own powers numerous times, to the point of instituting violent racism on Americans. Where in the Constitution gave FDR the power to violently round up Americans simply because they had slanted eyes?

    This is why I am not a Constitutionalists, since federal powers can bend it at their will. While I believe in the spirit of the BoR, I don't revere the Constitution or the federal government.

    However, I strongly believe in the a priori truth of individual sovereignty and FDR clearly violated this principle and the spirit of the BoR.
     
  10. Liability
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    Liability Locked Account. Supporting Member

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