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Thread: U.S. Constitution, Amendment X

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by lemmiwinx View Post
    The Constitution has always been about things the government can't do to you just because they want to. Shame it's not taught in school any more.
    It probably is taught in school, but much different than it used to be.

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by TurtleDude View Post
    In the early days of the FDR administration, the Supreme court used the tenth amendment to strike down many of the clearly unconstitutional New Deal laws. After the 36 election and the court packing threat, the supreme court jettisoned 140 years of precedent and started basically doing whatever FDR wanted. That essentially killed the tenth amendment as a check on federal excess. And even some of the most conservative justices-including the late Justice Scalia, was loathe to actually apply the tenth to crappy precedent since he was extremely concerned that a proper application of the tenth amendment to existing programs could "cause massive social upheaval to social institutions that the public has come to rely upon" (Steven Calabresi-NWU Law professor-Howard Taft Lecture on Constitutional law at the University of Cincinnati Law School, 2012: Professor Calabresi was a founder of the federalist society and a former law clerk for Scalia)
    Not entirely correct. You were doing fine until you got to the "court packing threat" (which did happen). FDR ended up getting his way with the Supreme Court after 1936 because he was able to replace all nine justices before his death. The following are the Supreme Court justices appointed by FDR, and the year in which he appointed them:

    • Hugo Black, 1937;
    • Stanley Reed, 1938;
    • Felix Frankfurter, 1939;
    • William Douglas, 1939;
    • Frank Murphy, 1940;
    • James Byrnes, 1941;
    • Harlan Stone, 1941;
    • Robert Jackson, 1941; and
    • Wiley Rutledge, 1943.


    When you replace all nine Supreme Court justices you have effectively stacked the court in your favor. Just one of the many crimes by FDR that we are still paying for to this day.

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Glitch View Post
    Not entirely correct. You were doing fine until you got to the "court packing threat" (which did happen). FDR ended up getting his way with the Supreme Court after 1936 because he was able to replace all nine justices before his death. The following are the Supreme Court justices appointed by FDR, and the year in which he appointed them:

    • Hugo Black, 1937;
    • Stanley Reed, 1938;
    • Felix Frankfurter, 1939;
    • William Douglas, 1939;
    • Frank Murphy, 1940;
    • James Byrnes, 1941;
    • Harlan Stone, 1941;
    • Robert Jackson, 1941; and
    • Wiley Rutledge, 1943.


    When you replace all nine Supreme Court justices you have effectively stacked the court in your favor. Just one of the many crimes by FDR that we are still paying for to this day.
    How was FDR able to sack justices of the SC ?

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Rich2018 View Post
    How was FDR able to sack justices of the SC ?
    Who said anything about sacking them?

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    Re: U.S. Constitution, Amendment X

    If one looks at Article 1 of the Constitution this spells out the operation and powers of the Federal Government. Sections 1 through 7 spells out how Congress shall operate, Sections 8 through 10 spells out the powers Congress has. All other powers are reserved to the States and the People. The people and the States can give congress powers not spelled out in the Constitution, this process is done by amendments.

    To look at the abuses of Congress, 1) healthcare, congress has not been given the power to regulate healthcare, nowhere is this addressed in the Constitution and nowhere has the people given this power to the Federal Government.
    2) gun control, again congress has never been given the power to address this.

    These are just two examples of the abuse of congress.

    Congress claim to have the authority under the "general welfare" clause of the Constitution, however, this is a bastardized version of the original intent.

    In 1792 Madison was debating the Cod Fisheries Bill, and what he said has unfortunately come to pass.

    "If Congress can employ money indefinitely to the general welfare, and are the sole judges of the general welfare, they may take the care of religion in to their own hands; they may appoint teachers in every State, county, and parish and pay them out of the public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor . . . Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited government established by the people of America."
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Glitch View Post
    Not entirely correct. You were doing fine until you got to the "court packing threat" (which did happen). FDR ended up getting his way with the Supreme Court after 1936 because he was able to replace all nine justices before his death. The following are the Supreme Court justices appointed by FDR, and the year in which he appointed them:

    • Hugo Black, 1937;
    • Stanley Reed, 1938;
    • Felix Frankfurter, 1939;
    • William Douglas, 1939;
    • Frank Murphy, 1940;
    • James Byrnes, 1941;
    • Harlan Stone, 1941;
    • Robert Jackson, 1941; and
    • Wiley Rutledge, 1943.


    When you replace all nine Supreme Court justices you have effectively stacked the court in your favor. Just one of the many crimes by FDR that we are still paying for to this day.
    you are correct but I am not wrong because Charles Evan Hughes and others flip flopped after the 36 election and before FDR was able to put a bunch of judges in. When DDE finally took the Oval office away from the Dems, almost every federal judge in the country was a democrat and thus all the unconstitutional crap FDR had instigated, was protected by his minions on the courts
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Glitch View Post
    Who said anything about sacking them?
    maybe he assumed SC justices are immortal and the only way to replace them is by sacking them?
    Quote Originally Posted by jet57 View Post
    Yeah; a shotgun IS a rifle; it uses a different load.
    Quote Originally Posted by jet57 View Post
    You know that Reagan signed the Brady Bill - right?
    Quote Originally Posted by iguanaman View Post
    The only "sport" that most gun owners participate in is suicide or murder.

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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by lemmiwinx View Post
    The Constitution has always been about things the government can't do to you just because they want to.
    That was somewhat accurate until the ratification of the Fourteenth Amendment.

    Shame it's not taught in school any more.
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Glitch View Post
    Not entirely correct. You were doing fine until you got to the "court packing threat" (which did happen). FDR ended up getting his way with the Supreme Court after 1936 because he was able to replace all nine justices before his death. The following are the Supreme Court justices appointed by FDR, and the year in which he appointed them:

    • Hugo Black, 1937;
    • Stanley Reed, 1938;
    • Felix Frankfurter, 1939;
    • William Douglas, 1939;
    • Frank Murphy, 1940;
    • James Byrnes, 1941;
    • Harlan Stone, 1941;
    • Robert Jackson, 1941; and
    • Wiley Rutledge, 1943.


    When you replace all nine Supreme Court justices you have effectively stacked the court in your favor. Just one of the many crimes by FDR that we are still paying for to this day.
    Correct, under FDR, the federal government abandoned our Constitution: FDR proposed “New Deal” schemes; Congress passed them. At first, the Supreme Court opined (generally 5 to 4) that “New Deal” programs were unconstitutional as outside the powers granted to Congress. But when FDR threatened to “pack the court” by adding judges who would do his bidding, one judge flipped to the liberal side, and the Court started approving New Deal programs (generally 5 to 4).

    Since then, law schools don’t teach the Constitution. Instead, they teach Supreme Court opinions which purport to explain why Congress has the power to regulate anything it pleases. The law schools thus produced generations of constitutionally illiterate lawyers and judges who have been wrongly taught that the “general welfare” clause, along with the “interstate commerce” and the “necessary and proper” clauses, permit Congress to do whatever it wants!

    If one looks at the meaning of "welfare" as the Founders of the Constitution understood it is completely different than the meaning of the word in today's usage:

    Welfare: Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government (Webster’s American Dictionary of the English Language, 1828)

    Welfare: The American Heritage Dictionary of the English Language (1969), gave a new meaning: “Public relief – on welfare. Dependent on public relief”.

    Huge difference between the two, those who seek to understand what the Constitution means needs to understand the meaning of the words as applied in its creation.
    Last edited by Terryj; 11-04-19 at 08:00 PM.
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    Re: U.S. Constitution, Amendment X

    Quote Originally Posted by Terryj View Post
    Correct, under FDR, the federal government abandoned our Constitution: FDR proposed “New Deal” schemes; Congress passed them. At first, the Supreme Court opined (generally 5 to 4) that “New Deal” programs were unconstitutional as outside the powers granted to Congress. But when FDR threatened to “pack the court” by adding judges who would do his bidding, one judge flipped to the liberal side, and the Court started approving New Deal programs (generally 5 to 4).

    Since then, law schools don’t teach the Constitution. Instead, they teach Supreme Court opinions which purport to explain why Congress has the power to regulate anything it pleases. The law schools thus produced generations of constitutionally illiterate lawyers and judges who have been wrongly taught that the “general welfare” clause, along with the “interstate commerce” and the “necessary and proper” clauses, permit Congress to do whatever it wants!

    If one looks at the meaning of "welfare" as the Founders of the Constitution understood it is completely different than the meaning of the word in today's usage:

    Welfare: Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government (Webster’s American Dictionary of the English Language, 1828)

    Welfare: The American Heritage Dictionary of the English Language (1969), gave a new meaning: “Public relief – on welfare. Dependent on public relief”.

    Huge difference between the two, those who seek to understand what the Constitution means needs to understand the meaning of the words as applied in its creation.
    Problem with your post...you are limiting the definition to a dictionary...you are not, in fact, describing it as the Founders and Framers would...that is in their journals, letters and matters of business inside and outside of government service, whatever that may be. And they all had a differing view on what government welfare was or should be.

    In other words, if you wish to take the words of the Founders and Framers on what welfare means, you first have to toss out the dictionary meanings. Next, you have to go to their writings (which can be found in multiple libraries and historical foundations throughout the country)...upon which you will find that there is no consensus on what government welfare means among them.

    And historically speaking, if you wish to draw comparisons between the time they were alive and now...I've got some good news and bad news for you. The good news is that they didn't pass very many, what you would consider as wasteful welfare today, policies and spending bills. The bad news is...of the ones that did pass as spending and/or policies...they basically fit the definition of what you consider as wasteful welfare today. Don't take my word for it, do what historians do: research it. Although, you may not like what you find.

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