|
Register | Sign In |
|
QuickSearch
EvC Forum active members: 65 (9162 total) |
| |
popoi | |
Total: 915,813 Year: 3,070/9,624 Month: 915/1,588 Week: 98/223 Day: 9/17 Hour: 5/1 |
Thread ▼ Details |
|
Thread Info
|
|
|
Author | Topic: Did congress make a law? (Establishment Clause) | |||||||||||||||||||||||||||
tsig Member (Idle past 2908 days) Posts: 738 From: USA Joined: |
Since the constitution is the supreme law of the land and congress is the legislature set up under the constitution, any powers denied to congress are also denied to any inferior legislature. just not going to answer?
|
|||||||||||||||||||||||||||
tsig Member (Idle past 2908 days) Posts: 738 From: USA Joined: |
hat great choice in wording. If only it were true. It is the supreme law of the land, but that in no way implies that restrictions on congress should be applied to the states. cross post So you think that the state legislature has more powers than congress?
|
|||||||||||||||||||||||||||
nator Member (Idle past 2169 days) Posts: 12961 From: Ann Arbor Joined: |
quote: Yeah, if that's the case, then where did this term "unfunded mandate" come from that the state governments use all the time?
|
|||||||||||||||||||||||||||
Dan Carroll Inactive Member |
Furthermore I think you're missing the point that the Bill of Rights doesn't enumerate your rights, or grant you your rights. Your rights need not be "granted"; in the words of the Declaration of Independance, these rights are inalienable and stem from your humanity and citizenship, not because the government or even the Constitution decides that you have them. It's worth noting that the Constitution acknowledges this:
quote: In other words, "But the Constitution doesn't say you do have this right" is a crap argument. "You can't expect him to be answering your prayers when he's not real, can you? That's like writing to the characters of a soap opera and expecting a reply, Mr. Silly Sausage!" -Jane Christie
|
|||||||||||||||||||||||||||
tsig Member (Idle past 2908 days) Posts: 738 From: USA Joined: |
Yeah, if that's the case, then where did this term "unfunded mandate" come from that the state governments use all the time? I think Elvis has left the building. I thought the Civil War settled the question of the central goverment vs. states rights. Thanks for the reply.
|
|||||||||||||||||||||||||||
gnojek Inactive Member |
Is it a matter of 'more' powers or 'less' powers?
They have different powers. Just because congress can't do something doesn't mean a state legislature can't do it. Can congress ban prostitution in only Nevada?That seems to be a power only the state of Nevada has. This doesn't mean, though, that the state of Nevada has more power than the United States.
|
|||||||||||||||||||||||||||
gnojek Inactive Member |
Dan's Clever Alias writes: In other words, "But the Constitution doesn't say you do have this right" is a crap argument. So can I claim that I have retained a right to smoke marijuana or sell my ladies on the corner? Those are my rights retained by me. Actually, they are the rights retained by the people. The constitution doesn't say that I have that right, but I must have it. The constitution doesn't say that I have these rights, but I do all the same. But, certain fascist elements in the government have stripped me of these rights. So how many rights do the people retain without the constitution enumerating them and what are they? {edit: I'd like to add that the 9th ammendment, to my knowledge, was never invoked in any of these supreme court rulings, only the 1st and the 14th.} This message has been edited by gnojek, 04-22-2005 07:48 PM
|
|||||||||||||||||||||||||||
macaroniandcheese  Suspended Member (Idle past 3927 days) Posts: 4258 Joined: |
the only things that a state cannot make laws on are those things specifically forbidden by the constitution (including reserved powers of the fed). among those things are the rights guaranteed to citizens. thus. the same thing that keeps the states from preventing minorities from voting is the same thing that keeps them from forbidding the teaching of evolution.
|
|||||||||||||||||||||||||||
tsig Member (Idle past 2908 days) Posts: 738 From: USA Joined: |
Can congress ban prostitution in only Nevada?
Yes
|
|||||||||||||||||||||||||||
Rrhain Member Posts: 6351 From: San Diego, CA, USA Joined: |
DHA responds to gnojek:
quote:quote: No. That would be a violation of the 14th Amendment which guarantees equal protection under the law. If Congress is going to pass a law, it must apply to the entire citizenry equally. Now, if Congress doesn't outlaw prostitution (and I don't think they can since that is a matter for States to decide), then an individual State can do it. Congress can regulate interstate commerce but it cannot regulate commerce in a single state. Rrhain WWJD? JWRTFM!
|
|||||||||||||||||||||||||||
Rrhain Member Posts: 6351 From: San Diego, CA, USA Joined: |
gnojek writes:
quote: Of course not. Other powers granted to the governmental bodies allow them to regulate such activity on your part. You seem to have this bizarre "all or nothing" attitude regarding the interaction between the various levels of government and the people. The reality of the situation is that it isn't like that. No right is absolute. Your right to free speech, for example, does not guarantee you an audience. The airwaves are regulated by the government in order to allow them to be used by the public. You have a right to use the EM spectrum to broadcast your views, but not by crowding out everybody else. In order to prevent that, the government forms a regulatory function which is in their power as defined by the Constitution.
quote: No, they're not.
quote: This is a silly question. The system doesn't work that way. You seem to be of the "laundry list" view of the Constitution and it isn't. Rrhain WWJD? JWRTFM!
|
|||||||||||||||||||||||||||
tsig Member (Idle past 2908 days) Posts: 738 From: USA Joined: |
That would be a violation of the 14th Amendment which guarantees equal protection under the law. If Congress is going to pass a law, it must apply to the entire citizenry equally. The 14th only mentions states.
|
|||||||||||||||||||||||||||
Dan Carroll Inactive Member |
So can I claim that I have retained a right to smoke marijuana or sell my ladies on the corner? Those are my rights retained by me. Actually, they are the rights retained by the people. The constitution doesn't say that I have that right, but I must have it. Well, I say that World War I was in fact caused by the death of Archduke Franz Ferdinand! Oh... I'm sorry, I thought we were playing a game of "read one thing and respond to something else entirely." I didn't say you automatically had the right. I said that "the Constitution doesn't say you do have this right" is a crap argument for why you don't. "You can't expect him to be answering your prayers when he's not real, can you? That's like writing to the characters of a soap opera and expecting a reply, Mr. Silly Sausage!" -Jane Christie
|
|
|
Do Nothing Button
Copyright 2001-2023 by EvC Forum, All Rights Reserved
Version 4.2
Innovative software from Qwixotic © 2024