3. But a definition of conservatism might better be understood by considering the opposite ideology, whether called liberal or progressive or leftism, it centers on the belief that our nationÂ’s foundational principles no longer apply, and that a vast expansion of government, unrestricted in power, is a natural evolution. This 'evolution' invests the collective, rather than the individual, with primacy. This is both false, and dangerous.
Nonsense.
The judicial record indicates that liberals, not conservatives, have the more accurate understanding of the principles enshrined in the Constitution, where conservatives seek to expand the size and power of government by undermining citizensÂ’ privacy rights, by denying the due process rights of immigrants, and by denying same-sex couplesÂ’ equal protection rights with regard to access to marriage law.
DOMA, for example, is a testament to conservative authoritarianism,
where the right seeks to deny marriage equality in the states by using the power of government to single out a particular class of persons and subject them to discriminatory measures.
4. Liberalism/progressivism/Leftism allows for- and indeed facilitates- government intrusion into homes, schools, businesses, and places of worship. The limited federal government envisioned by Madison now assumes the roles of mass employer, public contractor, commercial bank, financial investor, farmer, industrialist, retirement adviser, healthcare provider, and parent- none of which are enumerated in the Constitution.
And here the OP exhibits her ignorance.
The Constitution affords Congress powers both enumerated and implied. See:
McCullogh v. Maryland (1819). ‘But that’s not in the Constitution’ is a naïve and failed argument:
In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court,
Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states, and cannot be controlled by them."
McCulloch v. Maryland | The Oyez Project at IIT Chicago-Kent College of Law
The fight is worth fighting, win or lose.
Indeed.
And, sadly, it is conservatives, for the most part, who stand in defiance of the Constitution, its case law, and the FramersÂ’ principles it protects.
My quote:
"Liberalism/progressivism/Leftism allows for- and indeed facilitates- government intrusion into homes, schools, businesses, and places of worship. The limited federal government envisioned by Madison now assumes the roles of mass employer, public contractor, commercial bank, financial investor, farmer, industrialist, retirement adviser, healthcare provider, and parent- none of which are enumerated in the Constitution
Your quote:
"....Congress possessed unenumerated powers not explicitly outlined in the Constitution...."
1. The clear implication is that you believe that your quote nullifies mine....and that the Constituition in not meant to provide limitations on the federal government.....in any shape, manner, or means.
If there is an America with the US Constitution as the law of the land, your position is counter to the spirit and meaning of the document.
As a prototypical Liberal, you have no respect for the Constitution, and see your god, government, as omnipotent.
2. Taking one example, taxation- since that is the basis for the case you quote, Article I, section 8, clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;Â….
a. HamiltonÂ’s view was that this clause gave Congress the power to tax and spend for the general welfare,
whatsoever they decide that might be.
b. William Drayton, in 1828, came down on the side of Madison, Jefferson and others, pointing out that if Hamilton was correct,
what point would there have been to enumerate CongressesÂ’ other powers? If Congress wished to do anything it was not authorized to do, it could accomplish it via taxing and spending. He said, "If Congress can determine what constitutes the general welfare and can appropriate money for its advancement,
where is the limitation to carrying into execution whatever can be effected by money?"
'Charity Not a Proper Function of the American Government' by Walter E. Williams
3. You say, 'And here the OP exhibits her ignorance."
Actually, here is your having absorbed the view that what judges say of the Constitution is what the Constitution actually means....even if the case law runs counter to the actual languange.
a. Your ilk has tried, and, all too often succeeded, in pretending that the Constitution means what you with it to mean.
It does not.
There is only one way to alter the Constitution...and it is not by judges decisions.
The amendment process.
Here is youir rememial:
In his farewell address of our first President, George Washington, in reference to our Constitution, warned,
"Let there be no change [in the Constitution] by usurpation. For though this, in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed." But, change there has been.
Until 1937, the Congress of the United States conducted its business
within the boundaries of seventeen enumerated powers granted under Article I Section 8 of the United States Constitution; these powers
defined clearly the areas within which Congress could enact legislation including the allocation of funds and levying of taxes. Anything not set down in the enumerated powers was considered outside the purview of the national government and hence, a matter for the states. There were occasional challenges to the concept but
it was not until Franklin Roosevelt's new deal that it was attacked in deadly earnestness.
The General Welfare Clause