The Limits of Federal Authority
Dean
Kevin asks a question I have no clear answer for.
Defending the liberal tradition in history, science, and philosophy.
A note on our important Editorial Policy.
Or you could buy something for Dean from his WISH LIST!
Celia Farber
Music, Movies, Books, and Etc.
Questioning the HIV/AIDS establishment
|
|
Dean's World uses and recommends:
Scroogle Search
Your donations also make Dean's World possible.
Or you could buy something for Dean from his WISH LIST!
Why do you say that you have no clear answer? I think the answer is very clear: the Federal Government can do what it damm well pleases--very much to the detriment of our nation.
Occaisionally the people rise up to deflect the tide, but like the rock in the river, the people can not resist the flow of the water. Eventually, the government will have its way. Taoism is wonderful or hopeless, depending if you are the river or the rock.
The river is driven by the absolute corruption of the politicians in charge, and enabled by the apathy and narrow self interest of the masses (When they came for the Jews, I said nothing because I was not Jewish. When they came for ...).
It is a very horrible cycle of complacency. All civilizations to date have fallen. The better we have it, the more we can let things slide. When do we, the great big US of A, fall? When we run out of the fat that the current social system is sucking on.
John
[addendum 1]
To see the absolute corruption of politicians at high levels witness the illegal immigration policies of the Bush administration. For a more personal taste, experience the effect of the recent emminent domain decisions. Your local Planning Board (about 5 local bozos, the majority of whom are fairly corrptible) refuses to acknowledge the commercial value of your property. They confiscate it at a low price. They re-zone it to commercial status with very high value. They sell it at a profit. Next, they are thanked personally and extensively by the new buyers and by the City Council that recives increased tax reveneus. Corruption does not get more blatant than that. If you have not experienced it, you have not lived.
[sidebar 2]
To evaluate the possibilities of civilization's rise and fall, consider current international events.
It's possible that Islamic terrorists are just the thing we need to force us to re-engineer ourselves. But I doubt it. We are still pussy-footing around. We can occupy, or otherwise destroy every Muslim state in the world if we have to, along with anyone who objects. We are still being excessively nice, which does not really pressure our gut behavior.
I think that China holds the key. Here is the question that we will face: Do we want to be self righteous, but subservient to China? Or do we want to say "f-ck that" to China, and live with the guilty conscience that will accompany our victory? The Chinese are not fooling around. They are up-and-coming and they mean business.
[sidebar 3]
I think I have had too much to drink. But what do you expect, posting after midnight on a Friday? Get a life, would you? :)
In theory, the purpose of the Senate, which is an extremely undemocratic institution, is to limit the encroachment of federal power on the states. That is why Senators representing an extremely small percentage of the US population can block legislation that is an unproper expression of federal power.
According to the text referred obliquely to: Empire.
This is not a hard question, Federal authority ends at the "Bill of Rights," which wasn't in the Constitution to begin because the framers thought the bill would actually rob Americans of their rights. The framers overwhelmingly rejected any notion of a bill of rights. Only 2 men of 55 spoke in favor of the measure, and the state delegations rejected the idea unanimously when the proposal was put forth during the Constitutional Convention. Later in the First Congress it barely passed because of intense pressure from Anti-Federalist factions.
The world the framers gave us was government powers limited to a small list (Article I section 8) leaving all the rest of the powers and rights (large un-enumerated list) to the people. The world the Bill of Rights gives the people (small list) is just the opposite. The Bill of Rights is an enumeration of powers reserved, and everything not reserved is presumed to be given. An imperfect enumeration throws implied power of what isn't enumerated to the government and our power is incomplete.
That is exactly what has happened and where the Federal government has gotten it's power. Last December I blogged on this subject.
Certainly there is the 10th amendment, which declaims:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Where the 10th amendment is followed in practice is another matter, but the constitution clearly spells out its own limits.
Arnold Harris
Mount Horeb WI
Arnold Harris
Mount Horeb WI