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Thread: Can a supreme court ruling be unconstitutional?

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Tucker Case View Post
    Easy:



    No less comprehensive than plenary and indefinite.

    Article 1, Section 8, Clause 1: Alexander Hamilton, Report on Manufactures
    Easier:
    The only qualification of the generallity of the Phrase in question, which seems to be admissible, is this--That the object to which an appropriation of money is to be made be General and not local; its operation extending in fact, or by possibility, throughout the Union, and not being confined to a particular spot.
    Home run.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by LiberalAvenger View Post
    Tom Paine made one of the best arguments about the constitution being a "living document" He said that if it was not a living document then we would be cursed with rule by the dead (words to that effect.

    Debate: Is the US Constitution a living document, which should change over time? - Helium
    The constitution is law though with an amendment process. We aren't "cursed with the rule of the dead." We are blessed with the laws and freedoms that our founding fathers gave to this nation in the constitution. I would say having the constitution as a living document would have us cursed with the whims and feelings of the present generation.
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by LiberalAvenger View Post
    Tom Paine made one of the best arguments about the constitution being a "living document" He said that if it was not a living document then we would be cursed with rule by the dead (words to that effect...
    Looking over my copy I don't see Paine's signature....

    Perhaps you have the libtard version of the Constitution, written in smudged red crayon.

  4. #44
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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    Easier:


    Home run.



    What do you think that means, exactly? Cause I believe you didn't even escape the in-field on that swing.
    Tucker Case - Tard magnet.

  5. #45
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    Re: Can a supreme court ruling be unconstitutional?

    No objection ought to arise to this construction from a supposition that it would imply a power to do whatever else should appear to Congress conducive to the General Welfare.
    Grand slam.
    Tucker Case - Tard magnet.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Tucker Case View Post



    What do you think that means, exactly? Cause I believe you didn't even escape the in-field on that swing.
    It means:
    an appropriation of money is to be made be General and not local; its operation extending in fact, or by possibility, throughout the Union, and not being confined to a particular spot.
    To put it even more simply, Congress can't give you money unless they give money to everyone.

    Hamilton was arguing authority to spend money on a federal agency to study agriculture; something that would benefit everyone.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Tucker Case View Post
    Grand slam.
    Failed bunt.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    To put it even more simply, Congress can't give you money unless they give money to everyone.
    False. Look up the word "possibility", and then apply that to "It's operation extending by fact, or by possibility, through out the union."

    Hamilton was arguing authority to spend money on a federal agency to study agriculture; something that would benefit everyone.
    False.

    He was arguing for congress havign the authority to perform actions that extended beyond the ennumerated powers.

    Essentially he was arguing the exact opposite of what MAdison wrote in Federalist #41.
    Tucker Case - Tard magnet.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Tucker Case View Post
    False. Look up the word "possibility", and then apply that to "It's operation extending by fact, or by possibility, through out the union."



    False.

    He was arguing for congress havign the authority to perform actions that extended beyond the ennumerated powers.

    Essentially he was arguing the exact opposite of what MAdison wrote in Federalist #41.
    No matter how much you hope and wish that general welfare means whatever you want it to mean, Hamilton wasn't arguing for unchecked federal power.

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    Re: Can a supreme court ruling be unconstitutional?

    Quote Originally Posted by Southern Man View Post
    No matter how much you hope and wish that general welfare means whatever you want it to mean, Hamilton wasn't arguing for unchecked federal power.
    I'm a conservative so I side with Madison and Jefferson, i.e. a very strict interpretation of the General Welfare clause limiting it to those enumerated powers. (I.e. I support the statements found in the Kentucky and Virginia Resolutions, for example)

    If you support the Hamiltonian view, you are in favor of liberal "living document" interpretations of the constitution. "See also Alexander Hamilton, Opinion on the Constitutionality of the Bank"


    The irony of it is that you seem to think otherwise. In modern parlance, that is called "shooting one's self in the foot".
    Last edited by Tucker Case; 06-01-10 at 03:28 PM.
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