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Appeal denied; Mexican executed in Texas

If CNN's reporting is accurate....

At issue is an international court's ruling that Medellin and about 50 other Mexicans have been illegally denied access to their home country's consul. Allowing travelers such access when they are arrested abroad is common practice.

... then is a person really "traveling" if they've been "traveling" for 15 of their 18 years alive in one "foreign" country.

Not that it mattered in that case, since it appears the that convictions under state laws are not bound by the treaty in question.

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In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

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I wish people would just be consistent

If you think Medellin is essentially an american by dint of having been here since 3 that's fine, but don't then scream about deporting the "mesicans" and their anchor babies.

Conversely if you are indignant that Medellin was prevented from seeing "his" consulate, then you are implicitly acknowledging that he's a foreigner in America illegally and you lose any right to complain about immigration enforcement.

I don't care which side anyone takes, just be consistent in the application of the principle.

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

Something not at all related to what you said

I support an amendment to eliminate birthright citizenship. I could also be persuaded to support an amendment that requires anyone who wants to be a citizen to take the same citizenship test that naturalized citizens have to take.

I've seen the tests, I'm willing to bet 1/3 of all Americans couldn't pass them. Apparently being ignorant of our duties as citizens is the true American birthright.

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I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

What happens to those who fail?

Do we "deport" them to some other country?

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

In theory...

See that's why I'm not outrightly for it. It sounds good in theory but in practice I don't think it could work.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

I'll play my part....LOL!

Regardless of whether he was a Mexican, or an American, (I think he was a Mexican National myself.) he committed a horrific crime, here, in America.

I am happy to let Jesus, or whoever he prayed to, sort it out.

PS - He never claimed to be a Mexican National throughout the whole process, it is the anti-death penalty people trying last minute antics to buy time.

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

Well,

If the guy's here illegally and he committed this atrocious crime, then he should just be deported, and that's that. The death penalty is just simply a band-aid solution. It doesn't get rid of murders. There'll always be more murderers to take their place.

………… parent

you want to move

a violent criminal (alleged) to another country? Do you mean to a country where they will just put a bullet in his head as soon as he gets off the airplane on our say so? Or a lawful country where they'll release him due to the insufficient evidence and he'll have the chance to commit more atrocities on innocent non-Americans?

__________________________

Sic semper tyrannis

………… parent

Nuclear Regulatory Commission suddenly friendly

Via Secrecy News:

Rather unexpectedly, the Nuclear Regulatory Commission is asking for public comment on whether and how it should disclose more information to the public on the security of nuclear power plants and other facilities.

“We view nuclear regulation as the public’s business and believe it should be transacted as openly and candidly as possible,” said NRC Executive Director of Operations Bill Borchardt.

Among other things, the NRC wants to know what currently undisclosed information members of the public would like to have released: “What specific details would increase your level of satisfaction in our regulatory oversight of licensed facilities?”

The NRC published a request for comment in the Federal Register on July 29 (pdf), along with related background material (pdf).

Are your spider senses tingling? Should be...

It is practically a law of bureaucratic physics that government agencies do not spontaneously seek to become more transparent and accountable absent some significant change in personnel or other triggering event.

According to David Lochbaum, a nuclear safety engineer with the Union of Concerned Scientists, the triggering event in this case was congressional outrage at the NRC’s concealment of a major “nuclear safety event” in 2006 at the Nuclear Fuel Services plant in Erwin, Tennessee.

In that case, approximately 35 liters of highly enriched uranium solution leaked and spilled, creating the possibility of a criticality accident, i.e. an uncontrolled chain reaction. Yet “NRC failed to notify the public or Congress for 13 months regarding this serious incident,” complained Rep. John Dingell in a July 3, 2007 letter (pdf) to NRC Chairman Dale E. Klein.

...

The current NRC request for public comment on ways to increase openness, Mr. Lochbaum told Secrecy News, “is the agency’s bureaucratic effort to extricate themselves from the hole they dug.”

But of course with the spotless safety record of nuclear power we should be building the approximately 4000 new plants we'd need to provide enough power to replace fossil fuel usage...

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

…………

Mark Twain said "whiskey is for drinking and water is for

fighting over. Out here in CA, we never have enough water. The South of the state particularly. If the north let them, the south would suck every river and valley dry just like they did with Owens Valley favicon. As such I was so happy to read that California was close to agreeing to approve & build a desalinization plant favicon that would produce 50 M gallons of drinking water from the Pacific daily. If the plant worked well as many as 12 more could be built.

Up till now, it's always been cheapest to pillage the rest of the state for water. Now, the rest of the state doesn't have the water to pillage, so they finally turn to this. Yea, desalination is more expensive and isn't completely environmentally friendly, but I think the environmental issues could be addressed to satisfy, and it is certainly better than wiping out all the rivers and aquifers.

Money was the past devil. Now it's the commodity itself. We see the same thing across the board though. Petroleum, food products, raw materials....We're going through a time where decisions made have major repercussions on many surrounding issues of significant impact on tangential issues. Let's all just hope that responsible adults make those decisions based on all the facts involved.

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Lawns

The sad thing is that we aren't talking about 50m gallons of drinking water. What we are really talking about is 50m gallongs of lawn care. The traditional american domicile complete with water glutton short grass yard (made thirstier by continual trimming) is spectacularly inappropriate to dry climates.

Rather than a "one size fits none" approach we should be developing housing layouts based on the environmental conditions of the place where the home is to be located. Cold environments should feature good insulation and south facing windows. Hot environments can locate windows on the north side (but still want insulation) as well as potentially building into the soil. Areas with water issues can make use of landscaping of indigenous plants that don't require much in the way of supplemental watering.

In the first place it would go a long ways towards alleviating resource usage inefficiencies. In the second place it would also combat the depressing homogenization of the world. Wouldn't it be nice to travel and not see exactly the same %$#@ you can find right down the block?

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

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I'm odd

The idea of watering one's lawn is hilarious to me. I have no idea why people put so much effort into the upkeep of their lawns. My stepfather is positively anal about the greenness of his lawn. I swear he enjoys mowing it.

Of course, this is coming from someone who has washed their car maybe twice in over 7 years of driving. And both of those times were the makeshift charity car washes at the side of the road.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

Seen that bush43 wants to classify the pill as abortion?

The Department of Health and Human Services is circulating a draft of a regulation that would allow health care professionals and institutions to refuse to provide women access to some of the most common forms of contraception favicon, "under the auspices that such contraception is a form of abortion. The purpose of the draft rule is to pre-empt state laws that have protected women's ability to get birth control at pharmacies where a particular pharmacist refuses to fill these prescriptions."

It would classify the pill, IUD's, depro-provera as abortifacts and as such would allow individuals, pharmacies and companies to be able to refuse to supply a woman such birth control.

Now listen....all these items are not abortifacts. In order to be an abortifact the fertilized zygote must already be implanted in the uterus' wall. Fertalization alone is not enough. These birth control methods all prevent the zygote from implanting.

I tell you these folk are working on the same level as the Taliban. I mean that. They don't care what concensus is or even a vast majority of citizens think:

"HHS is moving stealthily because it knows that there's no public support for such reactionary regulations - 73 percent of voters believe strongly in making contraception easier for women of all incomes to obtain. But the impact of this ruling could be huge. If it passes, women seeking health care at a center that receives HHS funds - and there are nearly 504,000 of them - will no longer be assured of access to birth control and other contraceptives."

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The middle road?

Pharmacists should be allowed to refuse to fill any prescription that violates their conscience. In light of that, companies should be required to have at least one pharmacist on staff who can dispense any prescription.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

That's my solution as well

then it is up to the individual pharmacy if they want to continue to employ someone who won;t do part of their job necessitating they have another pharmacist on staff.

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

pharmaceutical cartel

If pharmacists don't want to dispense a prescription, then there are two options:

  1. Remove the need for a prescription
  2. Revoke the license of the pharmacist

The pharmacist participates in a state-sponsored cartel, and there is no fairness in allowing him to exploit that position to force his morality on others.

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"You have seen how a man was made a slave; you shall see how a slave was made a man." --Frederick Douglas favicon

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I think it is fair

to require the pharmacy to fill whatever prescription, but then leave it up to them how they do that in terms of whether they will only hire pharmacists who will fill any order, or if they are willing to employ those with moral compunctions against certain medicines.

I agree that it isn't fair for the patient not to get their meds, but I'm fine with putting the responsibility on the pharmacy and not the pharmacist, if that makes sense.

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

as long as there's no job protection for the pharmacist n/t

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"You have seen how a man was made a slave; you shall see how a slave was made a man." --Frederick Douglas favicon

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There should be none

Pharmacists who don't fill all prescriptions will be less likely to get a job because they can't be left alone in the store.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

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I agree with John Cole...

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I don't think anyone disputes that

The trick is they have disparate and conflicting ideas about how to fix said mess :)

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

Ah, the smell of profiteering...

...sort of smells like a texas sized lump of manure.

Depending on how much attention you pay to both energy matters and conservative websites you may or may not be aware that T. Boone Pickens has been shilling his own energy plan.

This energy plan involves wind power primarily would be interesting if the plan weren't, you know, a complete scam. Pickens has exactly zero interest in alternative energy or energy independence. Instead the wind farm he plans is just a way to try and grab up some water rights as well as a way to funnel cash to Natural gas plants he owns an interest in.

Kevin Drum has the details.

Now is it any wonder that I have a few reservations about the ability of the market to make the changes we so desperately need in a timely and efficient fashion?

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

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I'd call it enlightened self interest,

Now whether it's more enlightened or more self interest I can not say.

I'm all for using more wind power. I'm good with using more of our own natural gas. If I make him money by pursuing both, I'm OK with that too. Because my environmental enlightened self interest comes out better.

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I'd call it manipulative Bull^%$#

He's not building a real windfarm to actually provide power. It's just a front to make him money.

People who actually pursue alternative power sources and make money in the meantime are one thing. This is quite another. This definitely hurts progress by diverting money for alternative energy into what is, by no exaggeration, a scam.

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

It's just a front to make

It's just a front to make him money.

That would mean...
Carl T. Pickens = "Algore"

__________________________

In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

………… parent

If Al Gore was out to make money

he sure chose a stupid way to do it.

Championing environmetal causes is not much of a money maker. Examine the short list of Enviro-millionaires.

__________________________

I came. I saw. I posted.
Veni, Vidi, Bitchy.

………… parent

That's Funny

T Boone Pickens = Algore

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It is the economy, stupid.

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TMR

Methinks its a little heavy handed and paints with very broad strokes, but generally right on point.

“Black in America”: The war against fascism in 2008 favicon

__________________________

In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

…………

That's gotta be sarcasm

Liberalism has been the most destructive factor for African-Americans in the United States. It began with the beginning of the welfare state and LBJ’s “Great Society”, which destroyed the Black family by replacing fathers with Uncle Sam and focusing on shipping a busload of African-American kids to all white schools rather than focusing on educating all skin colors of children.

Anyone who believes that is frankly an idiot.

Problems in the Black community are mainly a problem of culture. Whitey has his share of fault, but welfare and integrated schools are hardly what has caused the problems in the Black community.

Charles?

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

I did qualify my statement

One shouldn't blame others for problems in the Black community?

__________________________

In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

………… parent

You didn't say much

You said it was "generally right on point".

Maybe I skipped over the part where they said "oh, just kidding!"

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

Oh, it's getting good now...LOL!

You are both saying, in at least part, the same thing. The Black community needs to own it's own piece of where they are.

Not that I am clamoring to join the ranks of the idiots Stinerman, LOL, but I do think that the liberal social experiments have contributed in no insignificant way to a culture of dependence, a sad state of affairs that in turn has manifested an expectation of, and reliance upon entitlements, which is not and should never had been a part of the American way of life or its governance.

This is an issue the Latino community should look carefully at in this next election. The Latino culture lends itself to a natural fit with Republicans, and the strong belief in family, the ethic of self reliance, etc.

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

...Republicans, and the

...Republicans, and the strong belief in family, the ethic of self reliance

In order to be self reliant you can't work for anyone or run a business that is directly or indirectly dependent on the government (whatever level) contracts. Also whatever it is you do you can't depend on any public infrastructure, police fire departments, schools, or farm subsidies.

So far the only groups that are even close to self reliance seem to be old order Mennonites or Amish. Republicans leech off the benefits of living in a society just like everybody else.

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Sic semper tyrannis

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Alrighty then...

I'm referring to the subjective principle of self reliance in its contemporary, non intellectual form.

I did so in order to contrast the quality of dependence in our modern society.

Just as to say, if one is dependent, it is not to infer they do not have some elements of liberty in their life.

Therefore, I disagree with your premise, unless you are making an epistemological argument, that one must be disconnected from any form of communal resource to practice a quality of living that can be regarded as self reliant.

You cite Republicans as "leeching" off the benefits of society.

I find your attempt to homogenize those dependent on liberal social entitlements, with those who are forcibly made to fund them, curious?

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

You seem to narrowly

define the benefits of living in the society while to me anything built, created, provided for common good like paved roads, bridges, etc belongs to that category.

But even looking at it using your definition I'm seriously doubtful that the Republicans don't apply for such liberal social entitlements like unemployment benefits, SSDI, etc.

You also have to remember that while a Republican might cringe at the thought of giving money to support orphans, widows, single mothers with children and seriously sick people - liberals might have the same warm feelings towards funding private military contractors, mercenaries and torturers - they might wish THEY become self reliant and stopped sucking at the taxpayers' tit.

And you're right on the dollar - I think that talking about self reliance if one does not live on an island or at least many miles away from the next person is just... talking about it.

__________________________

Sic semper tyrannis

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Of course, lets make sure to...

...get all the orphans, widows, single mothers with children and seriously sick people out here, line them up, and do away with them.

What?

I'm an evil conservative right?

or,

Maybe if we protected traditional American values that unfortunate orphan will be taken in by the good will and philanthropic efforts of a family in the community in which they lived, and maybe that single mother may not be a single mother, because she considered the consequences of having unprotected sex, and was particular about who she chose to be in her life, and that person who became seriously ill may have been a member of a family that stayed together and secured insurance so they can take advantage of the finest health care system on the planet.

I am fine with the abolishment of the unemployment insurance for Republicans, as long as I no longer have that money "withheld" from me. In fact, keep all your social security and everything else too, you go and have a blast, but I'll just keep what I earn and provide for myself and the one's I choose thank you very much. If you want to pool your money together and fight with your neighbors about how its distributed, be my guest.

As far as your predictable 2nd attempt at justifying your unquenchable desire to get in my pockets, keep in mind friend, the military is constitutional, the rest of what your talking about is not.

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

It would take quite

a bit of social engineering to change the society in accordance with various ideas of what someone wished the society SHOULD be like. It's been tried too, and quite unsuccessfully in a few countries.

Also I wasn't talking about the military - but if you wish to interpret the constitution in a way that includes profiteering by private enterprise in providing for the common defense I must insist on including support for widows, orphans, single mothers and sick people in promoting the general welfare.

__________________________

Sic semper tyrannis

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This whole American experiment...

...has been one big exercise in social engineering.

Ok, so we're talking about Article I, Section 8, of the Constitution here, it gives Congress the "power to lay and collect taxes ... to ... provide for the common defense ... of the United States."

But honestly, you must admit no phrase found in the Constitution has been more distorted in actual use and application than the provision that one purpose of our government is to promote the general welfare throughout the United States.

Congress does have the "power to lay and collect taxes ... to pay the debts and provide for the ... "general welfare" of the United States." However, the Founders never meant this purpose to include any action that might benefit one group of citizens at the expense of another.

That idea would have been abhorrent to the framers, as it is contrary to any other content in the founding documents. Also, had they in some reversal of intellect held that provision in any esteem, they would have most certainly addressed it in clear terms.

As you and I both know, the general welfare is limited to justice, defense, and liberty. Period.

But just in case you want to go Marxist, you still can, the Founders also ratified the Constitution's 10th Amendment, affirming, "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." So petition in your state to legislate wealth redistribution, and see how far that gets you.

So, the general welfare cannot reasonably be stretched to allow the national level of government to perform functions and exercise powers beyond those specifically and explicitly listed in the Constitution.

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

However, the Founders never

However, the Founders never meant this purpose to include any action that might benefit one group of citizens at the expense of another.

That idea would have been abhorrent to the framers, as it is contrary to any other content in the founding documents. Also, had they in some reversal of intellect held that provision in any esteem, they would have most certainly addressed it in clear terms.

Its a little bit of a slippery slope argument, but your phrasing leads room for the abolition of almost anything the federal government does, including having tariffs, the South was real upset about tariffs.

__________________________

In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

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Well Brutus, In actuality...

...they probably should be.

Like libertarians advocate, I favor elimination of congressional action in regard to all matters on which the Constitution is silent, including the following not specifically mentioned in the Constitution: aid to specific industries such as agriculture, education, energy (except insofar as related to the common defense), the environment, health care, and pensions, SS, the FED, etc

However, I cited that passage in reference to which it applies, the practice of wealth redistribution.

Don't get me started on the South and the destroyer of the constitution, Lincoln.

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

Heart of Atlanta vs United States

Don't get me started on the South and the destroyer of the constitution, Lincoln.

Maybe if South Carolina just let Fort Sumter get resupplied and not take over the fort, Lincoln would have less of a chance to destroy the US Constituion.

The federal government gets around a lot of things by tying federal "aid" to forcing the state's to comply with certain regulations. And SCOTUS had broadly interpreted what is interstate trade.

__________________________

In our society, people are rewarded for pretending to be certain about things they're clearly not certain about. -- Sam Harris,

………… parent

Sure

So, the general welfare cannot reasonably be stretched to allow the national level of government to perform functions and exercise powers beyond those specifically and explicitly listed in the Constitution.

According to one interpretation, but according to others it can and de facto is.

__________________________

Sic semper tyrannis

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The American Way

liberal social experiments have contributed in no insignificant way to a culture of dependence

Even if that was true, people becoming dependent on government aid is not the fault of the government, but the fault of the people being dependent on it.

The hidden assumption is that if there was no or less generous government benefits, Black fathers would stay around and provide for their families. Very doubtful for pretty obvious reasons.

part of the American way of life

One day you'll have to explain to me exactly what way of life or values are "American". While a majority of Americans might have similar values or ways of living, these values are not American. I'll lay odds that you're talking about Republican or conservative values when you say "American".

The sleight of hand here is that defining an "American" set of values requires all other values to be "unamerican". From there you can demonize people with unamerican values to simply be unamerican themselves.

Not caring about my family and demanding the government take care of me** isn't "unamerican" its just blatant asshattery.

**I almost don't agree with myself here. I believe it is not only a proper function, but a moral imperative for government to take care of its citizens. In my case, "care" is defined as "keeping them alive". That is to say, no citizen should die of hunger, thirst, or exposure to the elements.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

Ok Stinerman, So did the

Ok Stinerman, So did the Founding Fathers intend for a government-provided social safety net? The evidence clearly says no.

The often-misunderstood general welfare clause simply outlines specific responsibilities and powers of the federal government, leaving all others to the states and to the people.

James Madison, the principal author of the Constitution, said without equivication;

"With respect to the words general welfare, I have always regarded them as qualified by the details of powers (enumerated in the Constitution) connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proof was not contemplated by its creators."

For the first 150 years of our nation's history, the Supreme Court saw the Constitution the way Madison wrote, explained and intended it.

What happened?

I'll tell you what happened!

Franklin Delano Roosevelt.

FDR did a lot right, nevertheless, he deserves the title of principal architect of the modern welfare state.

FDR was frustrated by Supreme Court decisions striking down major parts of his New Deal legislation, so FDR fought back, proposing a law to add more justices to the Supreme Court. He threatened to pack the court with justices who deemed the Constitution a "living, breathing document," versus the historically correct, and from a framers point of view accurate "strict constructionist" outlook by the justices, who determined an activist, benevolent government as unconstitutional.

So never mind that state-sponsored welfare violates Econ 101, while diminishing the initiative of both the giver and the given.

No, the crime of the modern welfare state is more basic. Again, as James Madison put it;

"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

There is no ambiguity here Stinerman, want a global village all you like, but don't try to pin it on the constitution.

Now, shall I fill you in on Traditional American Values? LOL! ;-)

__________________________

"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

www.TheRedWing.com

………… parent

There still are no "American values"

Ok Stinerman, So did the Founding Fathers intend for a government-provided social safety net? The evidence clearly says no.

The often-misunderstood general welfare clause simply outlines specific responsibilities and powers of the federal government, leaving all others to the states and to the people.

James Madison, the principal author of the Constitution, said without equivication;

"With respect to the words general welfare, I have always regarded them as qualified by the details of powers (enumerated in the Constitution) connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proof was not contemplated by its creators."

For the first 150 years of our nation's history, the Supreme Court saw the Constitution the way Madison wrote, explained and intended it.

I agree.

I said nothing about what the founders intended nor anything about the Constitution. The founders' values are not "American values", they are simply the founders' values. We have no obligation to them or to keep the government in line with their views any more than we have the obligation to run the government with deference to Chester A. Arthur's views. We only have the obligation to obey the Constitution.

A lot has changed since 1776 and while some parts of the Constitution are still relevant today, some parts aren't (the 3rd Amendment for example). Of course, we are still obliged to follow the Constitution for better or worse, but to pretend to know what the founders would say regarding any modern issues is to speak for the dead.

As you probably don't know, I tend to be an originalist. I've made the case that in my personal belief, quite a bit of government social programs are indeed unconstitutional; I like them, but they are not authorized by the Constitution. I'd really prefer social welfare be done at the state level, rather than the federal level. But my belief isn't what makes programs constitutional or not. Laws either are or are not constitutional and that truth value is dictated to us by the SCOTUS.

I've tried to point out previously that statements like "Social Security is unconstitutional" are false. SS is constitutional because it has been found to be constitutional by the SCOTUS. If you add "In my view" to the previous statement you might have a point. I might also add that the truth value of such a proposition needn't be static. Tomorrow SS might be ruled unconstitutional and then it would be so.

The remedy, if you believe the Constitution is being improperly interpreted, is to advocate for the impeachment of judges who are making obviously flawed decisions that cannot be backed up my any reasonable dicta. I think Kelo was a particularly horrid decision as was Raich (way to sell out, Scalia). The alternative remedy is to amend the Constitution more to your liking.

Grousing about "the framers' intent" is useless. I cannot do anything in practice with the information that Medicare is "truly" against the founders' wishes or against a "proper" reading of the Constitution. Medicare exists as a constitutional exercise of government power until 5 justices find otherwise.

There is no ambiguity here Stinerman, want a global village all you like, but don't try to pin it on the constitution.

Put as simply as I can, the Constitution says what the SCOTUS says it says. Is there a right to have an abortion in the Constitution? Yes, because the SCOTUS says it does. Is there a right to worship freely? Not if the SCOTUS says there isn't, although I'd hope in such a case all justices would be impeached because there clearly is.

__________________________

I never broke the law; I am the law! -- George W. Bush Judge Dredd
I'm listening to... favicon

………… parent

Good point, but...

I have not addressed the "American Values" issue yet with you, but lets stay on point for a moment and work through this originalist idea.

The belief that original meaning should guide constitutional interpretation is as old as the Constitution itself. Before there were strict constructionists, before there were judicial activists, there were originalists. In those early days, few seriously objected to the notion that the Constitution should be read in accord with its original meaning.

In modern times, liberals have attacked the authority of the original meaning of the Constitution, they have routinely challenged it in basic ways.

The claim that the Constitution should be understood differently—that it is a “living Constitution” that means something different today than it meant when it was adopted, for example—is nonesense.

This notion that adherence to original meaning is one alternative among many, a choice that might be made or that might not be, is unconcionable.

For judges who wish to exercise the power of judicial review, adherence to the original meaning of the Constitution is the only choice that is justifiable.

When judges attempt to set aside the policy decisions of our elected representatives, when they claim that their own constitutional judgments trump those of others, then they cannot rest such claims on mere political idealism cloaked in a loose constitutional rhetoric.

Judges are entitled to respect when asserting that a law is null and void only when they can back up such assertions with a persuasive explanation of how the law violates the meaning of the Constitution as it was framed and ratified.

By the original meaning of the Constitution, I am referring to the meaning that the constitutional text was understood to have at the time it was drafted and ratified.

To adopt originalism does not mean that judges must hold a séance to call the spirit of James Madison to ask him what was on his mind in Philadelphia in the summer of 1787 or how he would deal with the tricky constitutional question that is raised by the case before the court.

It does mean that judges should not feel free to pour their own political values and ideals into the Constitution. It means that the constant touchstone of constitutional law should be the purposes and values of those who had the authority to make the Constitution—not of those who are charged with governing under it and abiding by it.

To disregard or alter the meaning of the words in the Constitution is tantamount to disregarding or altering the words themselves.

In our everyday lives, we routinely give and follow instructions—parents to children, employers to employees, teachers to students. We make allowances when the instructions are not followed because those giving the instructions did not make their meaning clear or because those following the instructions genuinely did not understand what was asked of them. We routinely forgive mere error when the mistake is made in good faith and is difficult to avoid.

The point of such instruction, however, is to convey the instructor’s meaning to the instructed. A child would be playing with fire if he attempted to parse the instruction to authorize something that the parent was well understood to have meant to exclude (“You said no parties, but this is just a gathering of friends and friends of friends.”).

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"Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." ~ B. Goldwater

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