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New left out a couple of things
to pay the Debts and provide for the common Defence and general Welfare of the United States
so pay debts, armed forces, infrastructure, no mention of using taxes to regulate commerce.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
congress job is to regulate interstate, international and Indian Commerce, doesnt say anything about a lot of commerce that doesnt fit the model which congress regularly gets their nose stuck in.
New "among the several states"
You know that's the hole the Federal government has driven several fleets of aircraft carriers through. ;-)

But also, look at the end of Section 8:

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.


The question of what the federal government can do with respect to taxes and interstate commerce was decided long ago. See Gibbons v. Ogden - http://en.wikipedia..../Gibbons_v._Ogden :

The Court went on to conclude that Congressional power over commerce should extend to the regulation of all aspects of it, overriding state law to the contrary:

If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several states is vested in Congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.


It is sensible to interpret the Constitution as giving the Congress vast (but not unlimited) powers with respect to interstate commerce. And that's the way it has been interpreted.

The Constitution isn't a static document and wasn't intended to be. I posted this link earlier (but it appears one has to scroll...) - http://www.theatlant...#comment-49391198

[...]

Second: when people talk about judicial activism, one of the things they often say is: the Framers never imagined protecting X (or: making X illegal.) This, even if true, is irrelevant. What matters is construing the various meanings of the terms they used accurately, not matching up with their beliefs about what those terms apply to. My standard example: suppose that a law bans "carcinogens", and that some substance in common use when that law was enacted turns out, later, to be carcinogenic. This substance might then be banned, even though the legislators who enacted the law never anticipated that it would be. Would this show that "carcinogenic" had changed its meaning? No; just that we had discovered that it applies to something people didn't know it applied to when the law was passed. Someone who thought that this law should be read to ban only substances believed to be carcinogens when the law was passed would be a judicial activist: s/he would be trying to read a law that bans carcinogens as though it banned substances believed to be carcinogens at a given time. But if the legislators had intended to ban only those substances, they could perfectly well have said so.

It's easy to see that a law saying "no carcinogens" applies to all the things that are, in fact, carcinogens, and allows for future discoveries about the carcinogenic properties of apparently innocuous substances. But consider: are there similar discoveries about what "due process of law" requires? How would it be made? And how widely accepted would such a discovery have to be before it could be used to ground new due process rights? I don't think the answer to this question is clear *at all*. I am clear that saying "due process means whatever the Framers thought it meant" doesn't work: either it refers to the meaning (the "process of law" that is "due"), which is what's under debate, or else (Scalia version) it interprets "due process of law", as used by the Framers, to mean "those processes that we, the Framers, think count as 'due processes'", which it plainly does not mean. (If they had meant that, they could have said so.)

Likewise, in construing texts you often have to make assumptions about the intent of the author(s). Suppose the Constitution, or a law, refers to some right that makes no sense unless something else is presupposed: should you say that the Constitution/law holds that we ought to have that thing? (E.g., if it referred to a "right to vote" without stipulating that there had to be elections, and if it seemed plain from the text that the people who wrote it expected that there would be elections, would you say that the Constitution required it?) Likewise, is it generally a good principle of textual construction that an interpretation that makes the authors seem minimally sane and sensible is to be preferred to one that does not (e.g., that interpreting a document that refers to a "right to vote" as requiring the existence of elections is preferable to interpreting it as ensuring a right to vote, but as blithely unconcerned with whether or not any actual occasion to vote ever arises?) Arguably, yes: but people who don't like this will call it "judicial activism".

Here, the devil truly is in the details.


Werd.

HTH.

Cheers,
Scott.
New judicial activism means the judge isnt doing what you want
New Ding ding ding ... we have a winner
Which means it's a bogus claim. Same as "Obama was golfing" is a bogus claim. So when someone points out the brush cutting, that's not the same as saying, "Yes, it's bad, but your guy was bad too, so that makes it okay." What it means is it's a bogus claim for either side. If your side didn't make the claim about your guy, then you don't get to make it about the other guy.
--

Drew
New thats different tiger doesnt get as much golf in
New Tiger works for the federal government now?
I must have missed the press conference




"Chicago to my mind was the only place to be. ... I above all liked the city because it was filled with people all a-bustle, and the clatter of hooves and carriages, and with delivery wagons and drays and peddlers and the boom and clank of freight trains. And when those black clouds came sailing in from the west, pouring thunderstorms upon us so that you couldn't hear the cries or curses of humankind, I liked that best of all. Chicago could stand up to the worst God had to offer. I understood why it was built--a place for trade, of course, with railroads and ships and so on, but mostly to give all of us a magnitude of defiance that is not provided by one house on the plains. And the plains is where those storms come from."

-- E.L. Doctorow
New Sure - he's qualified now . . .
. . having been caught in a sex scandal, he'll fit right in. Should be running for Congress soon.
New hafta be a dem, he is hetro
New I LOLed
--

Drew
     Effect of tax cuts and tax hikes on economic expansions - (Another Scott) - (21)
         no, he doesnt understand economics - (boxley) - (20)
             Sure he does... - (beepster)
             Why? - (Another Scott) - (18)
                 Isn't it the *rate* that matters? - (drook) - (1)
                     Dunno. - (Another Scott)
                 left out a couple of things - (boxley) - (8)
                     "among the several states" - (Another Scott) - (7)
                         judicial activism means the judge isnt doing what you want -NT - (boxley) - (6)
                             Ding ding ding ... we have a winner - (drook) - (5)
                                 thats different tiger doesnt get as much golf in -NT - (boxley) - (4)
                                     Tiger works for the federal government now? - (lincoln) - (3)
                                         Sure - he's qualified now . . . - (Andrew Grygus) - (2)
                                             hafta be a dem, he is hetro -NT - (boxley) - (1)
                                                 I LOLed -NT - (drook)
                 Re: Why? - (Rdan) - (6)
                     Welcome. Stick around if you can - we like new perspectives -NT - (Another Scott)
                     hey cool, new blood. Feel free to hang out -NT - (boxley)
                     Krugman offers support for your thesis today. - (Another Scott)
                     Hmmm Rdan - (Ashton) - (1)
                         He's not really hidden. - (Another Scott)
                     I'd like to add my voice to the chorus - (jake123)

Can you stand the excitement?
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