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Old 04-28-2008, 09:55 AM   #3
Radar
Constitutional Scholar
 
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
Quote:
Originally Posted by NoBoxes View Post
My statement stands as factual since this practice is in practical application. The part of your statement that I've placed in bold type is the defect in your position.
There is no defect in my position. The defect in your position is that you don't recognize the indisputable fact that the powers of the government are limited strictly by the U.S. Constitution.

My position is practical in its application and was used successfully in practice for the first 100 years of America's existence before the government started routinely violating it and America started going down the toilet.

Quote:
Originally Posted by NoBoxes View Post
The federal government already has immigration regulatory effect under the "law" (figuratively speaking) of implied consent. We the People have chosen not to stop it from happening at this time. The Constitution is just a piece of paper with writing on it: it requires people to make it happen.
The Federal Government has absolutely zero implied powers and is in fact PROHIBITED from having implied powers by the 10th amendment.

You are saying that because the people haven't stopped it, this means they consent to it. This is like saying a woman who didn't struggle to your satisfaction while being raped, really wanted it.

The Constitution isn't merely a "piece of paper" and isn't a "living document". The Constitution is the foundation of all our government. Without strict limits on the powers of our government, America is no better than Nazi Germany.

Quote:
Originally Posted by NoBoxes View Post
Which is not to say that it won't be done in consonance with every principle America will build a successful future upon.
Not at all. The timeless principles which built America are as true and practical today as they were at the time the founders created the Constitution. Violating those principles will not build a successful future. It will bury any chance for a successful future.

Quote:
Originally Posted by NoBoxes View Post
The Constitution, as created, also put chains on categories of We the People.
No, it actually doesn't. The Constitution does nothing to limit or infringe upon our rights. The Constitution (as created) includes all amendments that were legally ratified throughout America's history. They are part of the creation.


Quote:
Originally Posted by NoBoxes View Post
Yes, it is. Furthermore, your reluctance "to come up with a 'better rationale' for why the government shouldn't regulate immigration" is why We the People are allowing it to happen.

[b]No, it isn't. No violation of the Constitution on the part of the government is working for the people. If the people want the federal government to have authority over immigration, it takes nothing less than a Constitutional amendment. Stopping the government from violating the Constitution is the highest of all rationales. There are none better.



Quote:
Originally Posted by NoBoxes View Post
Those who try to interpret the Constitution for the times we live in are striving to maintain it as the foundation of our evolving society. Those who claim that no interpretation is needed undermine the evolution of this great society by favoring stagnation in pursuit of their own agendas.

Those who wish to read about the Living Constitution theory of constitutional interpretation versus Originalism can get the gist of the matter from Wikipedia.
Those who try to "interpret" the Constitution are trying to find ways around it or to violate it. If they want to change it, there is one and only one way to allow government to have powers outside the scope of the Constitution and that is through a Constitutional amendment. The "living document" nonsense you keep linking to means that the Constitution can be changed by amendments.

You don't "interpret" the Constitution to mean what you want. You amend it to say what you want, and you need 3/4 of both houses to do this. Nothing else is acceptable, and nothing else is working for the people. All violations of the Constitution by government are wrong regardless of someone's intentions.

When you allow the government to violate the Constitution for even the best reason, you open the door to abuse and for people to violate it for the most heinous, racist, xenophobic, and evil reasons....like restricting immigration.
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