Below is A1S8. My analysis is at the end.
Section 8.
8.1 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
8.2 To borrow money on the credit of the United States;
8.3 To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
8.4 To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
8.5 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
8.6 To provide for the punishment of counterfeiting the securities and current coin of the United States;
8.7 To establish post offices and post roads;
8.8 To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
8.9 To constitute tribunals inferior to the Supreme Court;
8.10 To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
8.11 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
8.12 To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
8.13 To provide and maintain a navy;
8.14 To make rules for the government and regulation of the land and naval forces;
8.15 To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
8.16 To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
8.17 To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
8.18 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Now, note the phrase 'General Welfare' in section 1.
8.1 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
This is improperly construed to mean that the federal government can make any law it pleases. What this means is a tax can be levied to pay debt, to pay for defense, and to WAIT!!!!!!!! The phrase is "provide for the common defense and general welfare of the United States." This implies that the general welfare of the United States means the welfare of the nation's sovereignty. This in no way means healthcare. The Welfare clause is applied to the welfare of the nation AS an independent sovereign nation.
Now, note 'necessary and proper' in section 18
8.18 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
This implies that congress may pass laws as needed to carry out 8.1 through 8.17.
This would be correct.
HOWEVER ......there is a catch. The catch is this
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction 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 ensure the beneficent ends of its institution.
The first 10 amendments.
So the enumerated powers are restricted by the amendments.
- Posted using The dark side of the shwartz.
Wednesday, June 30, 2010
When the striking of a gun ban is bad
For those of you that know me, you may be surprised. I am emphatically against the Supreme Court ruling on Chicago's gun ban. I also detest gun bans. WHAT?!?! HOW can that BE? The article linked below explains it perfectly.
http://www.mikechurch.com/index.php?option=com_content&view=article&id=4759:160-years-no-longer-counts-as-precident-if-you-follow-the-incorperation-doctrine&catid=960:public-transcripts&Itemid=300038
Read the constitution folks. Read it carefully.
Defining the incorporation doctrine.
http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
- Posted using The dark side of the shwartz.
http://www.mikechurch.com/index.php?option=com_content&view=article&id=4759:160-years-no-longer-counts-as-precident-if-you-follow-the-incorperation-doctrine&catid=960:public-transcripts&Itemid=300038
Read the constitution folks. Read it carefully.
Defining the incorporation doctrine.
http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
- Posted using The dark side of the shwartz.
Sunday, June 13, 2010
The Heart of the Matter
Let us dismiss left and right, Democrat and Republican, Liberal and Conservative. Let us dismiss these labels and speak to the heart of the matter. The heart of the matter is in where to place government in relation to the individual entity. The individual entity can be a person or any group of people. To drill deeper, any individual group is comprised of individual people.
To have no government at all is unworkable in any scale beyond Gilligan's Island. Even there in that farce there were Skipper and Professor that were authority on the island. To have no government is to revert to Darwin - survival of the fittest. To have no governance in a population is to have no rights and no peace beyond what the strongest individual permits. In a population there is always governance. In a population, there is no such thing as no government. That of which we are speaking is the Strongman. The secret is that the practical effects of no government and complete government control are similar for the individual people under each.
To have complete government is to leave no choices to the individual at all. All is decided by government - from bedtime, sexual partner, choice of food. Like the complete absence of government, complete government is impossible. It is a practical impossibility to micromanage a population of individual people in such a manner.
Human nature is the rule of the strongman. Or should is say the strongman is our animal nature? To be human is to rise above our base animal nature. Furthermore, we have to use our animal nature as a beast in harness to make possible our humanity. We have to make our animal nature serve us rather than us serving our animal nature. What is our animal nature controlling us? It is murder, theft, dishonesty. In Christian parlance, an individual that succumbs to his animal nature in an instance has sinned. Someone that steals is giving in to animal nature. In the theft, he is failing to be human in that instance.
The function of a just government is to allow the greatest amount of it's population to be human. The function of government is that of any protective structure. Unfortunately, government is made up of individual people and can have the same failings as an individual.
So we return to the question. What is the proper position of the government in relation to individual entities such as people, businesses, schools, churches, and so on. I have my opinion as does any other intelligent person. The position of government in relation to individual entities defines the type of government that we have.
Other than the two opposites of strongman and absolute government, what are the common types of government? They are Democratic, Constitutional
Republic, Communist, Socialist, Theocratic, Dictatorial, and an Oligarchy.
Democratic Government is rule of the mob. We do not have a democracy in the United States. In a democracy, the rights of 49% of the individuals are decided by 51% of the other individuals.
A Constitutional Republic is what the United States most resembles. Representatives are elected to groups that must vote in a vast majority to enact a alteration to the structure of a governing charter. Common laws must pass multiple groups by simple majority to be presented to an executive that may approve or deny the law. The executive may be overruled by the legislative body by reaffirming the law by a super majority. Then there is a judiciary that has the duty to reconcile the law to the governing charter if the legislation is challenged in a court of law. The judiciary will either affirm or strike the law depending on whether or not the law falls within the structure of the governing charter. Our governing charter in the United States is the Constitution and it's amendments. The dividing of the government into three branches is what is known as Separation of Powers. The Constitution limits what may be done.
In my research, there are numerous '-archies.' There are monarchies. There are simply dozens. Most fit into one called an Oligarchy. An oligarchy is made up of a very small ruling class that controls the functions of government.
A communist government is almost a oxymoron. Supposedly, the people all share in all the functions of government to the point where an official government withers away from lack of need. In real terms, a communist state usually is single party rule with the legislative body superior to the executive and judiciary. When the legislature is not in session, the legislature's powers pass to a small group of senior legislators. Usually, the communist state exerts a heavy hand in production, which is why socialism and communism are often confused.
A socialist government is one in where the means of production are owned and controlled by the government. Usually that government has a plan of production that the owned industry must implement.
A Theocracy is a government where there is rule by a divinely guided group of people.
There is rarely a pure form of any of these governments.
Now let us pay attention to our government. We in the USA enjoy a Constitutional Republic.
The Constitution and it's amendments are the supreme law of the land. The branches of the federal government have to act in accordance with the constitution. Any law that acts outside the constitution is unconstitutional. A law that is unconstitutional may be made constitutional by means of amending the constitution.
Each official in our government takes a sworn oath to uphold and defend the constitution. This means that any official that tries to circumvent the constitution by means other than the amendment process is violating the oath of office and is open to criminal prosecution.
Unfortunately, the constitution is being circumvented by interpretation of plain English. The constitution is written and punctuated in a language still living. There are records aplenty of the vernacular in use at the time.
You see, it is within the law of our land to amend our constitution so that a thing can be done. To do the thing without reconciling it to the constitution is lawlessness. If we have lawlessness, we fall.
So we have to decide.
1 - What social programs do we want government to administer. Keep in mind that the administration is done by appointed individual people with their own degrees of humanity. Realize that with each thing that government is asked to do requires transfer of individual liberty to government. You are giving government some control of some facet of your life.
2 - What is the proper role of government in business. Realize that government involvement in business usually increases expense that is passes to the consumer. Realize that the government involvement can often produce results opposite to those intended.
3 - what role should government have in the administration of the economy. The USA, like other governments, has a fiat currency. This means that the currency, the money, itself has no intrinsic value. This gives government enormous power. Let's say you have worked hard to earn a million dollars. That million will buy a certain house. Say the government elects to print money until the supply of money has doubled. Your million will no longer buy the house. It will now take two million to buy it. That is one form of inflation. Let's say that instead, the Federal Reserve pulls money out of the economy until the money supply is halved. Now you will only have to use half of your million to buy that house. That is deflation. Let me explain. In the case where the government increases the supply of money, the value of each dollar decreases relative to something of value such as a house. The value of the dollar has deflated while the amount of money required to buy something of value has inflated. In the case where government decreases the money supply, each dollar increases in value relative to the house. The dollar has inflated while the amount required to buy something of value has deflated. So basically, this whole thing is an exercise in faith. There is no gold held in equivalent value to the amount of currency in circulation. Is this the right way to do things?
In every single thing, you must always remember the beast under the human. If there is room in a law for it to be abused by the animal nature, it will be abused sooner or later.
Government has to be funded.....it has to be paid for. It's laws and policies have to be paid for. For every dollar given to someone on a social program, more than a dollar is taken from someone else to be given to the recipient. Government on it's own makes no money. If you point to the stock ownership of GM, is it making money? If it is and government owns part of that business, what does that mean? Does that mean ford and Toyota have to compete against a company owned by an entity that has regulatory authority over them? If the government is doing most mortgages through Freddie Mac and Fannie Mae which are government owned entities, what happened to the rest of the players in that market?
If healthcare is a right, then that means you have the right to the labor of the doctor. What of the right of the doctor?
These things have to be considered and decided.
- Posted using The dark side of the shwartz.
To have no government at all is unworkable in any scale beyond Gilligan's Island. Even there in that farce there were Skipper and Professor that were authority on the island. To have no government is to revert to Darwin - survival of the fittest. To have no governance in a population is to have no rights and no peace beyond what the strongest individual permits. In a population there is always governance. In a population, there is no such thing as no government. That of which we are speaking is the Strongman. The secret is that the practical effects of no government and complete government control are similar for the individual people under each.
To have complete government is to leave no choices to the individual at all. All is decided by government - from bedtime, sexual partner, choice of food. Like the complete absence of government, complete government is impossible. It is a practical impossibility to micromanage a population of individual people in such a manner.
Human nature is the rule of the strongman. Or should is say the strongman is our animal nature? To be human is to rise above our base animal nature. Furthermore, we have to use our animal nature as a beast in harness to make possible our humanity. We have to make our animal nature serve us rather than us serving our animal nature. What is our animal nature controlling us? It is murder, theft, dishonesty. In Christian parlance, an individual that succumbs to his animal nature in an instance has sinned. Someone that steals is giving in to animal nature. In the theft, he is failing to be human in that instance.
The function of a just government is to allow the greatest amount of it's population to be human. The function of government is that of any protective structure. Unfortunately, government is made up of individual people and can have the same failings as an individual.
So we return to the question. What is the proper position of the government in relation to individual entities such as people, businesses, schools, churches, and so on. I have my opinion as does any other intelligent person. The position of government in relation to individual entities defines the type of government that we have.
Other than the two opposites of strongman and absolute government, what are the common types of government? They are Democratic, Constitutional
Republic, Communist, Socialist, Theocratic, Dictatorial, and an Oligarchy.
Democratic Government is rule of the mob. We do not have a democracy in the United States. In a democracy, the rights of 49% of the individuals are decided by 51% of the other individuals.
A Constitutional Republic is what the United States most resembles. Representatives are elected to groups that must vote in a vast majority to enact a alteration to the structure of a governing charter. Common laws must pass multiple groups by simple majority to be presented to an executive that may approve or deny the law. The executive may be overruled by the legislative body by reaffirming the law by a super majority. Then there is a judiciary that has the duty to reconcile the law to the governing charter if the legislation is challenged in a court of law. The judiciary will either affirm or strike the law depending on whether or not the law falls within the structure of the governing charter. Our governing charter in the United States is the Constitution and it's amendments. The dividing of the government into three branches is what is known as Separation of Powers. The Constitution limits what may be done.
In my research, there are numerous '-archies.' There are monarchies. There are simply dozens. Most fit into one called an Oligarchy. An oligarchy is made up of a very small ruling class that controls the functions of government.
A communist government is almost a oxymoron. Supposedly, the people all share in all the functions of government to the point where an official government withers away from lack of need. In real terms, a communist state usually is single party rule with the legislative body superior to the executive and judiciary. When the legislature is not in session, the legislature's powers pass to a small group of senior legislators. Usually, the communist state exerts a heavy hand in production, which is why socialism and communism are often confused.
A socialist government is one in where the means of production are owned and controlled by the government. Usually that government has a plan of production that the owned industry must implement.
A Theocracy is a government where there is rule by a divinely guided group of people.
There is rarely a pure form of any of these governments.
Now let us pay attention to our government. We in the USA enjoy a Constitutional Republic.
The Constitution and it's amendments are the supreme law of the land. The branches of the federal government have to act in accordance with the constitution. Any law that acts outside the constitution is unconstitutional. A law that is unconstitutional may be made constitutional by means of amending the constitution.
Each official in our government takes a sworn oath to uphold and defend the constitution. This means that any official that tries to circumvent the constitution by means other than the amendment process is violating the oath of office and is open to criminal prosecution.
Unfortunately, the constitution is being circumvented by interpretation of plain English. The constitution is written and punctuated in a language still living. There are records aplenty of the vernacular in use at the time.
You see, it is within the law of our land to amend our constitution so that a thing can be done. To do the thing without reconciling it to the constitution is lawlessness. If we have lawlessness, we fall.
So we have to decide.
1 - What social programs do we want government to administer. Keep in mind that the administration is done by appointed individual people with their own degrees of humanity. Realize that with each thing that government is asked to do requires transfer of individual liberty to government. You are giving government some control of some facet of your life.
2 - What is the proper role of government in business. Realize that government involvement in business usually increases expense that is passes to the consumer. Realize that the government involvement can often produce results opposite to those intended.
3 - what role should government have in the administration of the economy. The USA, like other governments, has a fiat currency. This means that the currency, the money, itself has no intrinsic value. This gives government enormous power. Let's say you have worked hard to earn a million dollars. That million will buy a certain house. Say the government elects to print money until the supply of money has doubled. Your million will no longer buy the house. It will now take two million to buy it. That is one form of inflation. Let's say that instead, the Federal Reserve pulls money out of the economy until the money supply is halved. Now you will only have to use half of your million to buy that house. That is deflation. Let me explain. In the case where the government increases the supply of money, the value of each dollar decreases relative to something of value such as a house. The value of the dollar has deflated while the amount of money required to buy something of value has inflated. In the case where government decreases the money supply, each dollar increases in value relative to the house. The dollar has inflated while the amount required to buy something of value has deflated. So basically, this whole thing is an exercise in faith. There is no gold held in equivalent value to the amount of currency in circulation. Is this the right way to do things?
In every single thing, you must always remember the beast under the human. If there is room in a law for it to be abused by the animal nature, it will be abused sooner or later.
Government has to be funded.....it has to be paid for. It's laws and policies have to be paid for. For every dollar given to someone on a social program, more than a dollar is taken from someone else to be given to the recipient. Government on it's own makes no money. If you point to the stock ownership of GM, is it making money? If it is and government owns part of that business, what does that mean? Does that mean ford and Toyota have to compete against a company owned by an entity that has regulatory authority over them? If the government is doing most mortgages through Freddie Mac and Fannie Mae which are government owned entities, what happened to the rest of the players in that market?
If healthcare is a right, then that means you have the right to the labor of the doctor. What of the right of the doctor?
These things have to be considered and decided.
- Posted using The dark side of the shwartz.
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