rightwinger
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Sorry, but the courts have never agreed with your strict interpretation of enumerated powers or the tenth amendment.
Gubernatorial Decrees and the Fifth Amendment
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rightwinger
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Our courts are conservative
TNHarley
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It means taxes collected must be used to support the common good of the united states as a WHOLE. It also must be done within the scope of the enumerated powers as well.
All you dipshits that think it means unlimited powers are lazy morons. If it was unlimited powers, what was the purpose of the constitution, and specifically, the enumerated powers?
Alexander Hamilton. Federalist papers : This specification of particulars [the 18 enumerated powers of Article I, Section 8] evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd as well as useless if a general authority was intended
Intent is well documented. Try studying it.
rightwinger
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Absolutely
The United States as a whole benefits from the General Welfare clause.
It doesn’t mean each person benefits the same, but the nation as a whole benefit.
Article 1, Section 1, Congress does what is in the best interests of We the People. If not, they get voted out. Been working for over 240 years.
jillian
Princess
The 5th amendment only applies to criminal matters, not civil
you should refer to the takings clause and in this case it isn’t a taking. It is a health emergency.
Thanks for the pretend legal analysis
TNHarley
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rightwinger
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Unfortunately, that is how it works.
Congress has wide latitude and the tenth amendment doesn’t have much power.
- Banned
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Promote- the general Welfare. Not dictate what a bunch of empty suits feel like doing.
- Banned
- #31
Looks like a good thread to post this
www.fff.org
The enumerated powers doctrine
So, how did the Framers handle this problem? The document that would call the federal government into existence — the Constitution — made it clear that the federal government’s powers would be limited to those enumerated in the document itself. If a power wasn’t enumerated, then it could not be wielded or exercised.
No inherent powers or police powers to protect the “health, safety, morals, and welfare” of the people. No powers except those that were enumerated in the Constitution.
Thus, when one is determining whether the federal government is legally permitted to wield and exercise such powers as engaging in state-sponsored assassinations, coups, torture, foreign aid, foreign interventions, travel restrictions, sanctions, embargoes, lockdowns, and mandatory curfews, all that one has to do is ascertain whether such powers are among the powers delegated to the federal government in the Constitution.
Revisiting Governmental Powers – The Future of Freedom Foundation
During this time of extraordinary powers being exercised by federal, state, and local officials, it’s good to refresh ourselves on founding principles. We sometimes hear about a concept called “the inherent powers of government.” These refer to what are commonly called “police powers.” Such...
www.fff.org
The enumerated powers doctrine
So, how did the Framers handle this problem? The document that would call the federal government into existence — the Constitution — made it clear that the federal government’s powers would be limited to those enumerated in the document itself. If a power wasn’t enumerated, then it could not be wielded or exercised.
No inherent powers or police powers to protect the “health, safety, morals, and welfare” of the people. No powers except those that were enumerated in the Constitution.
Thus, when one is determining whether the federal government is legally permitted to wield and exercise such powers as engaging in state-sponsored assassinations, coups, torture, foreign aid, foreign interventions, travel restrictions, sanctions, embargoes, lockdowns, and mandatory curfews, all that one has to do is ascertain whether such powers are among the powers delegated to the federal government in the Constitution.
- Banned
- #32
State constitutions and the Fourteenth Amendment
There is, however, something else to consider. The states had their own constitutions, which oftentimes placed restrictions on the powers of the state governments. Thus, a state constitution could have a restriction that would be similar to the First Amendment but that would apply to the state itself. In that case, if the state enacted a compulsory church attendance law, a person could sue in state court to have the law declared unconstitutional under the state constitution.
There is something else to consider: The Fourteenth Amendment. Enacted in 1868, among other things it prohibited the states from depriving any person of life, liberty, and property without due process of law and from abridging the privileges and immunities of citizenship.
The Fourteenth Amendment serves as a severe restriction on the powers of states and localities. Over time, the U.S. Supreme Court held that the Fourteenth Amendment implicitly incorporated the rights enumerated within the Bill of Rights (which applied only to the federal government) and applied them to the states.
If a state enacted a law that deprived a person of his liberty without due process, the person could now sue in federal court and seek to have the law declared unconstitutional under the U.S. Constitution. In the same suit, he could also claim the law violated the state constitution as well.
Thus, in determining the legality of laws and actions of state and local governments, such as lockdowns, curfews, travel restrictions, business closures, mandatory vaccinations, and others, the presumption begins with the notion that such actions fall within the traditional European-like police powers of the state to regulate the “health, safety, morals, and welfare” of the citizenry.
But that’s not where the inquiry ends. It must then be determined whether the action or law violates the state constitution. If it does, then the action or law must be declared unconstitutional under the state constitution.
It must also be determined whether the action or law of the state or locality constitutes a deprivation of life, liberty, or property without due process of law and an abridgment of the privileges and immunities of citizenship. If it does, then it is illegal or invalid under our form of government.
My own belief is that the police powers of the states and localities should be limited to targeting, prosecuting, and punishing people who commit crimes of violence or fraud against others. The old European police-power doctrine relating to “health, morals, and welfare” have no place in a genuinely free society.
There is, however, something else to consider. The states had their own constitutions, which oftentimes placed restrictions on the powers of the state governments. Thus, a state constitution could have a restriction that would be similar to the First Amendment but that would apply to the state itself. In that case, if the state enacted a compulsory church attendance law, a person could sue in state court to have the law declared unconstitutional under the state constitution.
There is something else to consider: The Fourteenth Amendment. Enacted in 1868, among other things it prohibited the states from depriving any person of life, liberty, and property without due process of law and from abridging the privileges and immunities of citizenship.
The Fourteenth Amendment serves as a severe restriction on the powers of states and localities. Over time, the U.S. Supreme Court held that the Fourteenth Amendment implicitly incorporated the rights enumerated within the Bill of Rights (which applied only to the federal government) and applied them to the states.
If a state enacted a law that deprived a person of his liberty without due process, the person could now sue in federal court and seek to have the law declared unconstitutional under the U.S. Constitution. In the same suit, he could also claim the law violated the state constitution as well.
Thus, in determining the legality of laws and actions of state and local governments, such as lockdowns, curfews, travel restrictions, business closures, mandatory vaccinations, and others, the presumption begins with the notion that such actions fall within the traditional European-like police powers of the state to regulate the “health, safety, morals, and welfare” of the citizenry.
But that’s not where the inquiry ends. It must then be determined whether the action or law violates the state constitution. If it does, then the action or law must be declared unconstitutional under the state constitution.
It must also be determined whether the action or law of the state or locality constitutes a deprivation of life, liberty, or property without due process of law and an abridgment of the privileges and immunities of citizenship. If it does, then it is illegal or invalid under our form of government.
My own belief is that the police powers of the states and localities should be limited to targeting, prosecuting, and punishing people who commit crimes of violence or fraud against others. The old European police-power doctrine relating to “health, morals, and welfare” have no place in a genuinely free society.
Admiral Rockwell Tory
Diamond Member
My grandson's and granddaughter's teachers are teaching on the internet. Why are you lying like a libtard?
Mac-7
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Admiral Rockwell Tory
Diamond Member
If you have a pulse, you should have known it was a lie.
Mac-7
Diamond Member
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Whatever
Admiral Rockwell Tory
Diamond Member
Ah, the mating call of the great American dumbass!
Mac-7
Diamond Member
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I know you want to wallow in the mud but I have better things to do
Admiral Rockwell Tory
Diamond Member
In that case, stay out of threads you know nothing about.
Mac-7
Diamond Member
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I know you want a pissin’ contest as if you were a child
but that is a waste of my time
you made a good point about internet classes and I conceded your point
now grow up
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