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Author Topic:   We Need States
Jon
Inactive Member


Message 1 of 63 (679209)
11-12-2012 10:51 PM


States are good.
Read here for the opening pieces of the argument.

Love your enemies!

Replies to this message:
 Message 2 by nwr, posted 11-12-2012 11:00 PM Jon has replied
 Message 4 by RAZD, posted 11-13-2012 6:44 AM Jon has not replied
 Message 6 by crashfrog, posted 11-13-2012 10:29 AM Jon has replied

  
Jon
Inactive Member


(1)
Message 3 of 63 (679211)
11-12-2012 11:02 PM
Reply to: Message 2 by nwr
11-12-2012 11:00 PM


States have bloated bureaucracies and too much corruption. Perhaps not all states have those problems, but many do.
The way states are run is certainly a problem.
But we certainly need a force between the men with the pitchforks and the men with the warheads.

Love your enemies!

This message is a reply to:
 Message 2 by nwr, posted 11-12-2012 11:00 PM nwr has seen this message but not replied

  
Jon
Inactive Member


Message 17 of 63 (679484)
11-14-2012 12:55 AM
Reply to: Message 6 by crashfrog
11-13-2012 10:29 AM


1) They lack natural purpose. Contra Jon, we don't need an additional level of bureaucracy between the local and national level because there is no such thing as an issue whose natural scope is, say, exactly no larger or smaller than a rectangular area the size of Wyoming.
Who said 'between'? One of the the most important functions of the States is to act as checks against the overshadowing and all-encompassing power of an out-of-control Federal government.
We've already had the final debate about the notional sovereignty of states, and it was their sovereignty which lost. The issue is settled, and it is now time to bring it to fruition. End states.
I suppose when you've already broken both your legs the next logical thing to do is dislocate your shoulders and poke our your eyes.
Err.... wait a minute...

Love your enemies!

This message is a reply to:
 Message 6 by crashfrog, posted 11-13-2012 10:29 AM crashfrog has replied

Replies to this message:
 Message 22 by crashfrog, posted 11-14-2012 3:43 PM Jon has replied

  
Jon
Inactive Member


Message 18 of 63 (679486)
11-14-2012 12:58 AM
Reply to: Message 15 by crashfrog
11-13-2012 2:52 PM


We're stuck with the demographic reflection of the 1700's.
After which no States were apparently added to the Union.
Sure, but the resolution would be to invest the Federal government with state-like power to administer the citizens of Guam, Puerto Rico, the US Virgin Islands, all the Indian reservations, and the District of Columbia. But then that just proves that the states have no natural scope of authority that we can't do without.
Will one organization manage all that?
Edited by Jon, : No reason given.

Love your enemies!

This message is a reply to:
 Message 15 by crashfrog, posted 11-13-2012 2:52 PM crashfrog has not replied

Replies to this message:
 Message 19 by fearandloathing, posted 11-14-2012 1:07 AM Jon has seen this message but not replied

  
Jon
Inactive Member


Message 27 of 63 (679625)
11-14-2012 10:17 PM


The Burden
There are many issues currently organized and maintained in the State governments and jurisdictions.
The States and their organizations manage educational matters; maintain roads; etc.
Until crashfrog lays out a better system for taking care of these necessities, his argument will remain all whine and no cheese.
Aside from all the other arguments in favor of States, the simplest is that States do stuff that we need to have done, and there is no other system in place nor is there another system proposed for otherwise managing this 'stuff' without States (e.g., by means of 'local' and national efforts only).
Jon
Edited by Jon, : No reason given.

Love your enemies!

Replies to this message:
 Message 33 by NoNukes, posted 11-15-2012 9:18 AM Jon has not replied

  
Jon
Inactive Member


Message 38 of 63 (679788)
11-15-2012 7:26 PM
Reply to: Message 22 by crashfrog
11-14-2012 3:43 PM


Which they, by definition, cannot do. When Federal power conflicts with state power, the Supremacy Clause is clear - Federal power wins. State power is supreme only in those areas where the Federal government has no power, and is therefore a nonentity. But that's determined by the Constitution, not by the states.
The scope of said Constitution has been permitted as much as the States have allowed. And that same Constitution actually makes it clear that a large-enough body of States has the Constitutional authority to overrule the Federal government in any matter whatsoever by simply amending the Constitution to allow such an overruling.
(States spend millions of dollars every year simply to maintain the functions of their governments.)
Yes, the same governments that possess the collective, Constitutional, and permitted power to completely abolish all aspects of the Federal government besides the Senate were it to act in ways deemed detrimental to interests of the relatively autonomous States and the people therein.
I suppose when you've already broken both your legs the next logical thing to do is dislocate your shoulders and poke our your eyes.
I have no response except to note that this is not an argument of any kind.
Of course it is. You have argued that because States have no power to act in their interestssomething you just made up, all their other powers should be taken as well by abolishing States altogether. And this is a crap argument.
Would your feelings on this matter be the same if Canada and Russia were to invade and overtake the U.S. as a nation? Our country's sovereignty being forcibly taken, would we be better off bringing the process 'to fruition' by abolishing the U.S. Or better off attempting to overthrow the oppressive force that has stolen our independence so that we may preserve the existence of our Nation?
When a man has broken both your legs, the next logical thing to do is not to let him bash in your skull; if your political sovereignty has been takenagain, a claim about the States that is not true, there is nothing sensible about bringing the process 'to fruition' and allowing a complete end to your political existence unless, of course, you are a traitor to the political entity in question, a sympathizer with the oppressor's cause.
Is that you, Crash?
Jon
Edited by Jon, : Not finished...

Love your enemies!

This message is a reply to:
 Message 22 by crashfrog, posted 11-14-2012 3:43 PM crashfrog has replied

Replies to this message:
 Message 39 by crashfrog, posted 11-15-2012 8:43 PM Jon has replied

  
Jon
Inactive Member


Message 42 of 63 (679809)
11-15-2012 9:50 PM
Reply to: Message 39 by crashfrog
11-15-2012 8:43 PM


The States Giveth
The scope of the Constitution is the entire nation of the United States of America, and if states would like to suddenly assert powers that the Federal government has claimed, they can't - they can try to have the Constitution amended to move those powers from the Federal level to the states, but that process begins with the Federal government.
The Federal government exists in its current form entirely because the States allowed it to come into existence; and it is allowed to exist in its current form entirely because the States have yet to dismantle ita power which they fully possess.
The States giveth and the States can taketh away.
The Supremacy Clause - which you completely ignore - makes it clear that it is the Federal government and its Constitution, not the states, which determines where Federal power ends and state power begins.
The Supremacy Clause is just another example of a power that the States allow the Federal government to have and which the States have every authority to revoke.
"Yes, the laws you pass shall be supreme and binding on us; unless we decide that they shouldn't be."
The entire fact that the States possess the ability to alter and even dismantle the Federal government at will means that the idea of the Federal government having real and unquestionably binding power over the States is just a mirage, since it is the States which possess the actual power to determine how the Federal government behaves and which powers it has. Again...
The States giveth and the States can taketh away.

Love your enemies!

This message is a reply to:
 Message 39 by crashfrog, posted 11-15-2012 8:43 PM crashfrog has replied

Replies to this message:
 Message 45 by crashfrog, posted 11-17-2012 8:10 AM Jon has replied

  
Jon
Inactive Member


Message 48 of 63 (680038)
11-17-2012 8:55 AM
Reply to: Message 45 by crashfrog
11-17-2012 8:10 AM


Re: The States Giveth
Not without amending the US Constitution. There are only two ways to amend the US Constitution, and they both require the participation and therefore the assent of the Federal government. There's no way for the states to unilaterally contract any Federal power except by the willing participation of the Federal government. Even if the states bring suit to do so, that suit won't affect the Federal government until the Supreme Court has ruled - and there's your Federal participation in the process.
Sorry, Crash, but I don't have time to debate with people who can't even be bothered to read the stuff they are debating about.
quote:
Article V of the United States Constitution (emphasis added):
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
The only power the Congress has in the process of a decided majority of the States dissolving the Federal government is to choose which method the States will use to vote on the Amendment; and that is a power they were given by the States.
And the only limit as to what changes can be made to the U.S. Constitution is that the decided majority of States cannot deny other States an equal voice in their collective meeting body. And that is itthe only limit on State power applies to what can be done to other States, not to what can be done to the Federal government.
The only protection offered is for the States; the Federal government is completely at their mercy.
And the people who actually work in the government know this:
quote:
Wikipedia on Conventions:
Congress has proposed amendments to the Constitution on several occasions, at least in part, because of the threat of an Article V convention. Rather than risk such a convention taking control of the amendment process away from it, Congress acted pre-emptively to propose the amendments instead. At least four amendments (the Seventeenth, Twenty-First, Twenty-Second, and Twenty-Fifth Amendments) have been identified as being proposed by Congress at least partly in response to the threat of an Article V convention.
...
States began applying to Congress for an Article V convention to propose a balanced budget amendment. By 1983, the number of applications had reached 32, only two states short of the 34 needed to force such a convention. Enthusiasm for the amendment subsided in response to fears that an Article V convention could not be limited to a single subject and because Congress passed the Gramm-Rudman-Hollings Act, which required that the budget be balanced by 1991 (but that Act was overturned by the Supreme Court in 1986).
It is painfully obvious to anyone who has done their research that if so determined the States have the power to completely alter and even dissolve the structure of the Federal government and that the Federal government has no power in stopping this.
Why else would the Federal government quake in its boots at the threat of a State-called convention?
Probably because the only people they have defending them are you and a handful of poorly-educated 9th graders.
Jon

Love your enemies!

This message is a reply to:
 Message 45 by crashfrog, posted 11-17-2012 8:10 AM crashfrog has replied

Replies to this message:
 Message 49 by crashfrog, posted 11-17-2012 9:56 AM Jon has replied

  
Jon
Inactive Member


Message 50 of 63 (680087)
11-17-2012 3:08 PM
Reply to: Message 49 by crashfrog
11-17-2012 9:56 AM


Re: The States Giveth
You keep asserting this hypothetical third path, where the states can convene on their own and amend the Constitution without the participation of Congress, but that doesn't fucking exist.
Stop shifting goals. Your original statement spoke of 'willing participation' and 'assent'; now you speak of 'participation' only.
If the States decide to alter the Constitution, the Federal government participates in as much as it makes a forced and formal declaration of the intent, and then does the legwork of calling and setting up a convention.
And the Congress has no choice. They don't have to be 'willing' to call a convention; they don't have to 'assent' to the convention; they just have to make one happen because the States told them to. Period.
The only way for the Federal government to avoid a convention called for by 2/3 the States that seeks to abolish the Federal government is to renege on their agreement, to default on their obligations under the contract.
The Constitution specifies only two procedures to amend the Constitution.
And one of them requires no consent of the Federal government.
You keep asserting that there's a third way but there's no such thing.
No; I'm merely capable of understanding the two already written.
That's why when the two of us talk, nobody thinks you're the one who knows what he's talking about.
Too funny coming from the man who wasted a whole thread arguing against a position he was repeatedly told no one held.
But you bring up a good point. I have clearly laid out the documents in question as well as my interpretation; you have laid out yours.
The audience can decide for itself whose argument is more convincing. Unless there is something new to say, neither of us need waste more time repeating ourselves.
Enjoy your weekend.
Jon
Edited by Jon, : No reason given.

Love your enemies!

This message is a reply to:
 Message 49 by crashfrog, posted 11-17-2012 9:56 AM crashfrog has replied

Replies to this message:
 Message 51 by crashfrog, posted 11-18-2012 11:04 AM Jon has replied

  
Jon
Inactive Member


Message 52 of 63 (680198)
11-18-2012 11:50 AM
Reply to: Message 51 by crashfrog
11-18-2012 11:04 AM


Re: The States Giveth
People tell me many things. For instance, you told me that I had said "willing participation" when I actually hadn't. I guess the difference between you and me is, I'm not so gullible that I believe anonymous people on the internet when they lie straight to my face. You know, like you just tried to do.
We're done here, crash. I can't be bothered to discuss something with someone who cannot even read their own posts:
quote:
crashfrog in Message 45:
There's no way for the states to unilaterally contract any Federal power except by the willing participation of the Federal government.
You said that; just upthread.
And then you woke up this morning, forgot what was going on, and started running 'round the forum crying foul in your typical fashion.
The audience will decide indeed.
Jon

Love your enemies!

This message is a reply to:
 Message 51 by crashfrog, posted 11-18-2012 11:04 AM crashfrog has replied

Replies to this message:
 Message 53 by crashfrog, posted 11-18-2012 11:58 AM Jon has not replied

  
Jon
Inactive Member


Message 58 of 63 (680679)
11-20-2012 3:40 PM
Reply to: Message 57 by crashfrog
11-18-2012 9:43 PM


Re: Legal confusion
The control is the group that doesn't receive the experiment.
Which is also an experiment; the experiment of "what happens when we don't change anything".
You're eliding a stupendous amount of history in order to make Federalism seem like an orderly process of promoting the results of state experimentation to Federal law.
And you're focusing on a single historical event to justify your ignorance of the examples given by Dr. A in support of his argument.
It's the usual "if it can't be explained away, say it doesn't exist" tactic of yours; typically employed just before the "close your eyes and call your opponent a liar" charade.
Well, have fun with yourself, and be sure to give your fist a break now and then.
Jon

Love your enemies!

This message is a reply to:
 Message 57 by crashfrog, posted 11-18-2012 9:43 PM crashfrog has replied

Replies to this message:
 Message 59 by crashfrog, posted 11-20-2012 4:28 PM Jon has replied

  
Jon
Inactive Member


Message 60 of 63 (680716)
11-20-2012 9:10 PM
Reply to: Message 59 by crashfrog
11-20-2012 4:28 PM


Re: Legal confusion
I don't accept his examples on the basis of not being examples of laws being promoted from the state level to the Federal level by an orderly process,
Once again you are inventing your opponent's argument to suit your fancy.
You're also ignoring Dr. A's request to define what you mean by 'promotion'. What sort of a scenario qualifies as a 'promotion' of State policy into Federal policy?
I'm asking him to be more convincing by expanding his argument to address the weaknesses I perceive in it, weaknessess like those I found in the "emancipation of the slaves" example.
Perhaps you perceiving weaknesses in Dr. A's argument is more a sign of troubled perception on your part than of a troubled argument on his.
I'm not ignoring anything.
Except, you know, the words your opponents are actually using to formulate their arguments.
Jon
Edited by Jon, : No reason given.

Love your enemies!

This message is a reply to:
 Message 59 by crashfrog, posted 11-20-2012 4:28 PM crashfrog has replied

Replies to this message:
 Message 61 by crashfrog, posted 11-20-2012 10:06 PM Jon has seen this message but not replied

  
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