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Letters To & From The Publisher | 7 comments

Blah

by: KauclairFri Jan 29, 2010 at 22:14:27 PM CST

http://www.usconstitution.net/...

I really just read through the whole thing. I've heard so much from both sides-- I'm tired of throwing around the term "unconstitutional" without any real backing. Once you actually read through it.... unless we're talking REAL stretches here, I can't find a damn thing.

Maybe he's referring to the Declaration of Independence:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

I've come across a few Libs misquoting the Life, Liberty and Pursuit of Happiness as the Constitution.

But quite honestly, I enjoy your playing Devil's Advocate-- who really knows what "Obamacare" is anymore?? Do "the people" really WANT what is drafted now? It's a giant fucking mess.

I'm EMBARRASSED we couldn't do this correctly-- I'm ANGRY at the right for opting out of the drafting of these bills, and then having the audacity to call them "partisan bills."

I'm angry at the left for allowing it to be watered down to what it is now. There is no real driving force now.. the kids (like me) for it--who are generally on the fence-- are stepping back and saying WHOA... THIS isn't what we wanted...

I'm curious as to the response. I hope you get one. I'm curious the viewpoint of the few and far between still holding that this is what the country needs. My only driving force now, is that if we don't succeed in passing SOMETHING-- we won't see the prospect of trying this again for another 15-20 years...

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Depends on your view

by: sjwillis39Fri Jan 29, 2010 at 23:06:18 PM CST

I am curious to how you view the constitution.

I know when I read it, it says what the government can do. The 9th and 10th ammendments say that anything not written into the constitution are powers reserved to the States or the people. To me that further reinforces that the constitution lays out the specific roles for the government.

So from that perspective it is not hard to see that health care legislation (not to mention most other things the government currently undertakes) does not pass constitutional muster.

So I would love to hear your perspective as to why you think it is covered under the constitution.

I know the whole commerce clause interpretation as it is currently enforced allows just about anything so maybe we can talk about that if some cares to go that route.

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"The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design."

F A Hayek

[ Parent | ]

Re

by: KauclairSat Jan 30, 2010 at 07:40:33 AM CST

# 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

I don't see how this would work AGAINST health care legislation. There is the school of thought that health care is a basic human right-- in which case citing another part of the Constitution to deny that "right" would be deemed Unconstitutional. I'm not saying I'm from that school of thought-- but I don't believe that can be stretched to cover the fight against HCR.

# 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

What is the interpretation you cite here? I'm not a Constitution scholar--nor do I claim to be. This is actually the first time I've REALLY read through the entire thing since grade school.

Or maybe you misinterpreted what I was saying-- in that I don't believe it to be Unconstitutional on either side of the fence-- that Unconstitutional has become something of a sensationalist word in most cases these days. Most people spewing the word don't have a REAL point to back them up.

"To me that further reinforces that the constitution lays out the specific roles for the government."

Of course! But here we go...

Is health care a right?? (that's a huge argument)

Is it a battle best left to the state??

-Or is it left to "the people."

What is it that "the people" want?? Where is the majority NOW? If we could have it our way... not in the "for or against" the BS going through now.

But anyway- going back to my original point. To make the claim either way- requires quite a bit of "interpretation."

If you want to have a conversation about how it may or may not be... then great! But don't head to the papers and MSM and scream the word from the mountaintops. It's irresponsible.

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[ Parent | ]

Letters To & From The Publisher | 7 comments

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