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Politics Where we learn not to think less of others who don't share our views |
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#1 |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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You claim that "We the People" have granted the federal authority to regulate immigration even if it's not in the Constitution. This is false. We the people have given the federal government certain powers and We the people have limited those powers to being only what is enumerated in the Constitution. We the people have prohibited the federal government from creating or enforcing any laws which do not pertain to those specific powers enumerated in the Constitution.
The only way for "We the People" to grant such power to the federal government (which violates every principle America was built upon) is to amend the Constitution. This has not been done yet. The Constitution isn't a "living document". It's the highest law in our land. It's higher than all 3 branches of government, and it's the foundation of freedom and peaceful society in America. Yes, it was created by men. And luckily for us, it was created by men who knew they didn't know everything. This is why they allowed it to be changed, but not changed easily. No part of government that was unconstitutional in 1790 is Constitutional now unless the Constitution has been amended to allow it. That which is unconstitutional now, may only become Constitutional later through an amendment to the Constitution and NOT an act of Congress that is ignored by the Supreme Court. The Constitution was created to put chains on the federal government and to keep most power in the hands of the states and in the people themselves. I most certainly do not have to come up with a "better rationale" for why the government shouldn't regulate immigration other than it being a direct violation of the highest law in our land. The Constitution works for the people by limiting the powers of our federal government. Limiting immigration when the Constitution prohibits it is not working for the people. The Constitution isn't to be ignored or thought of as some quaint old relic of our past. It's the foundation of our entire society and it is what makes America more free than other nations. It locks down our government and keeps real power in the hands of the people. It's what makes us citizens rather than subjects. The Constitution doesn't require interpretation. It's meaning and intent are clear and are in simple English, not Swahili. No interpretation is needed, and those who try to interpret it are usually looking for loopholes or ways around it, or to destroy it.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin Last edited by Radar; 04-27-2008 at 09:48 AM. |
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#2 | |||||||
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Those who wish to read about the Living Constitution theory of constitutional interpretation versus Originalism can get the gist of the matter from Wikipedia. Last edited by NoBoxes; 04-28-2008 at 04:55 AM. Reason: typo |
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#3 | ||||||
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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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:
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:
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[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:
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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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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