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Thread: McJobs and the Minimum Wage[W:123,226]

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by Gimmesometruth View Post
    West Coast Hotel v. Parrish, sensibly as it reads today, was a radical and controversial departure in 1937. The decision directly overturned the landmark decision Adkins v. Children's Hospital (1923), which ruled that laws fixing terms of employment contracts violated the Due Process Clause because the clause protects a substantive right to freely contract labor ("substantive" due process). Although the Court's sudden rejection of "substantive" due process has sometimes been attributed to political pressures, because the decision was issued right after President Franklin Roosevelt proposed a "court-packing scheme" that would have added "anti-Lochner" justices to the Court to protect New Deal legislation, the Court actually voted on the case prior to Roosevelt's announcement of his proposal. The exact chronology of events aside, historians debate whether and to what degree the day's political climate affected Justice Josephus Roberts' unexpected switch -- sometimes referred to as "the switch in time that saved nine" -- to the pro-New Deal wing of the Court. West Coast Hotel's position on economic regulations remains settled law today.
    Yes, a radical departure. A terrible ruling.
    The ultimate result of shielding men from the effects of folly, is to fill the world with fools.

    Herbert Spencer

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by keith View Post
    So you believe the supply/ demand curve for labor is flat? Yes or no?
    Keep reducing and repeating your already answered query, I don't care.
    Quote Originally Posted by trouble13 View Post
    If you wanna know why Trumpsters are ignoring you its for the same reason you ignored the KKKs complaints about Obama.
    Quote Originally Posted by Moderate Right View Post
    When it comes down to it, all facts are cherry picked.
    Quote Originally Posted by Bodhisattva View Post
    He didn't say it didn't make sense. He said it is complete nonsense.

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    Re: McJobs and the Minimum Wage[W:123,226]

    james madison 1800--When the Constitution was under the discussions which preceded its ratification, it is well known that great apprehensions were expressed by many, lest the omission of some positive exception, from the powers delegated, of certain rights, and of the freedom of the press particularly, might expose them to the danger of being drawn, by construction, within some of the powers vested in Congress, more especially of the power to make all laws necessary and proper for carrying their other powers into execution. In reply to this objection, it was invariably urged to be a fundamental and characteristic principle of the Constitution, that all powers not given by it were reserved; that no powers were given beyond those enumerated in the Constitution, and such as were fairly incident to them: that the power over the rights in question, and particularly over the press, was neither among the enumerated powers, nor incident to any of them; and consequently that an exercise of any such power would be manifest usurpation. It is painful to remark how much the arguments now employed in behalf of the Sedition Act are at variance with the reasoning which then justified the Constitution, and invited its ratification.

    In pursuance of the wishes thus expressed, the first Congress that assembled under the Constitution proposed certain amendments, which have since, by the necessary ratifications, been made a part of it; among which amendments is the article containing, among other prohibitions on the Congress, an express declaration that they should make no law abridging the freedom of the press.

    Without tracing farther the evidence on this subject, it would seem scarcely possible to doubt that no power whatever over the press was supposed to be delegated by the Constitution, as it originally stood, and that the amendment was intended as a positive and absolute reservation of it.

    But the evidence is still stronger. The proposition of amendments made by Congress is introduced in the following terms:

    "The Conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstructions or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institutions."

    Here is the most satisfactory and authentic proof that the several amendments proposed were to be considered as either declaratory or restrictive, and, whether the one or the other as corresponding with the desire expressed by a number of the States, and as extending the ground of public confidence in the Government.

    Under any other construction of the amendment relating to the press, than that it declared the press to be wholly exempt from the power of Congress, the amendment could neither be said to correspond with the desire expressed by a number of the States, nor be calculated to extend the ground of public confidence in the Government.

    Nay, more; the construction employed to justify the Sedition Act would exhibit a phenomenon without a parallel in the political world. It would exhibit a number of respectable States, as denying, first, that any power over the press was delegated by the Constitution; as proposing, next, that an amendment to it should explicitly declare that no such power was delegated; and, finally, as concurring in an amendment actually recognising or delegating such a power.

    Is, then, the Federal Government, it will be asked, destitute of every authority for restraining the licentiousness of the press, and for shielding itself against the libellous attacks which may be made on those who administer it?

    The Constitution alone can answer this question. If no such power be expressly delegated, and if it be not both necessary and proper to carry into execution an express power--above all, if it be expressly forbidden, by a declaratory amendment to the Constitution--the answer must be, that the Federal Government is destitute of all such authority.


    "That this State having, by its Convention, which ratified the Federal Constitution, expressly declared that, among other essential rights, 'the liberty of conscience and of the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States;' and, from its extreme anxiety to guard these rights from every possible attack of sophistry and ambition, having, with other States, recommended an amendment for that purpose, which amendment was in due time annexed to the Constitution, it would mark a reproachful inconsistency, and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other."

    To place this Resolution in its just light, it will be necessary to recur to the act of ratification by Virginia, which stands in the ensuing form:

    "We, the delegates of the people of Virginia, duly elected in pursuance of a recommendation from the General Assembly and now met in Convention, having fully and freely investigated and discussed the proceedings of the Federal Convention, and being prepared, as well as the most mature deliberation hath enabled us, to decide thereon--DO, in the name and in behalf of the people of Virginia declare and make known that the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression; and that every power not granted thereby remains with them, and at their will. That, therefore, no right of any denomination can be cancelled, abridged, restrained, or modified, by the Congress, by the Senate or House of Representatives, acting in any capacity, by the President, or any department or officer of the United States, except in those instances in which power is given by the Constitution for those purposes; and that, among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States."

    Here is an express and solemn declaration by the Convention of the State, that they ratified the Constitution in the sense that no right of any denomination can be cancelled, abridged, restrained, or modified, by the Government of the United States, or any part of it, except in those instances in which power is given by the Constitution; and in the sense, particularly, "that among other essential rights, the liberty of conscience and freedom of the press cannot be cancelled, abridged, restrained, or modified, by any authority of the United States."

    Words could not well express in a fuller or more forcible manner the understanding of the Convention, that the liberty of conscience and the freedom of the press were equally and completely exempted from all authority whatever of the United States.

    Amendment I (Speech and Press): James Madison, Report on the Virginia Resolutions

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by keith View Post
    Yes, a radical departure. A terrible ruling.
    Well, over 70 years and no real challenge.

    Yawn.
    Quote Originally Posted by trouble13 View Post
    If you wanna know why Trumpsters are ignoring you its for the same reason you ignored the KKKs complaints about Obama.
    Quote Originally Posted by Moderate Right View Post
    When it comes down to it, all facts are cherry picked.
    Quote Originally Posted by Bodhisattva View Post
    He didn't say it didn't make sense. He said it is complete nonsense.

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by Gimmesometruth View Post
    Of course.....they were not men....apparently.

    at that time, they were not ..

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by Gimmesometruth View Post
    Um, less than all.



    Non-sequitur.





    And you still cannot acknowledge the previous findings of Dred.

    Wash rinse repeat.

    And we are back to you ignoring West Coast Hotel v. Parrish.

    Wash rinse repeat.
    nothing here...guess you have nothing more to add.

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by ernst barkmann View Post
    at that time, they were not ..
    Are you finally acknowledging that the founders and the courts were in error previously?
    Quote Originally Posted by trouble13 View Post
    If you wanna know why Trumpsters are ignoring you its for the same reason you ignored the KKKs complaints about Obama.
    Quote Originally Posted by Moderate Right View Post
    When it comes down to it, all facts are cherry picked.
    Quote Originally Posted by Bodhisattva View Post
    He didn't say it didn't make sense. He said it is complete nonsense.

  8. #528
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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by ernst barkmann View Post
    at that time, they were not ..
    Actually, they were and are. The Founders had a purpose for stating that All Men are Created Equal, but it took awhile before many were capable of understanding the profundity of the phrase...
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by AlabamaPaul View Post
    Actually, they were and are. The Founders had a purpose for stating that All Men are Created Equal, but it took awhile before many were capable of understanding the profundity of the phrase...
    Or the legal protections of such a statement......which has still not been fully realized.
    Quote Originally Posted by trouble13 View Post
    If you wanna know why Trumpsters are ignoring you its for the same reason you ignored the KKKs complaints about Obama.
    Quote Originally Posted by Moderate Right View Post
    When it comes down to it, all facts are cherry picked.
    Quote Originally Posted by Bodhisattva View Post
    He didn't say it didn't make sense. He said it is complete nonsense.

  10. #530
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    Re: McJobs and the Minimum Wage[W:123,226]

    Quote Originally Posted by Gimmesometruth View Post
    Are you finally acknowledging that the founders and the courts were in error previously?
    the founders were not in error, they know what they wrote......court is in error, becuase men are self serving.

    which is why i refer to madison, live longer than other founders, laid the foundation to the constitution months before the constitutional convention, offered more proposals than anyone, spoke more than anyone, took notes of the convention, worked on committee of the constitution, wrote more about it than anyone of the founders. about it.

    explained what the constitution means in the federalist papers......gave us republican government ,not democracy.

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