Good Legislation Ignored by Democrat congress

[carpro]

http://www.cnsnews.com/news/article/70900

Every Bill Should State Its Constitutional Authority, Republican Congressman Says
Wednesday, August 11, 2010
By Susan Jones, Senior Editor

CNSNews.com) - A Republican congressman says all bills introduced in Congress should include a statement setting forth the specific constitutional authority under which a law is being enacted.

Rep. John Shadegg (R-Ariz.) says his Enumerated Powers Act will force Congress to re-examine the role of the national government and curb its "ever-expanding reach."

 

[billwald]

The interstate commerce and general welfare clauses cover most legislation. We have a government which is a logical consequence of the US Constitution and Lincoln's War.

Someone wrote a book demonstrating why every democracy must degenerate into fascism unless constrained by a strong national religion. Forget his name.

 

[Salty]

The interstate commerce and general welfare clauses cover most legislation. We have a government which is a logical consequence of the US Constitution and Lincoln's War.
...

Activists judges have went beyond the intent of the Constitution in regards to the interstate commerce and general welfare clauses

 

[billwald]

>Activists judges have went beyond the intent of the Constitution

The intent was to give the Supremes the final word. If not so congress would have the authority to override the Supremes with a suoer majority vote.

 

[Nonsequitur]

The interstate commerce and general welfare clauses cover most legislation. We have a government which is a logical consequence of the US Constitution and Lincoln's War.

Someone wrote a book demonstrating why every democracy must degenerate into fascism unless constrained by a strong national religion. Forget his name.

We are a Republic, not a democracy.

 

[Pastor Larry]

The intent was to give the Supremes the final word. If not so congress would have the authority to override the Supremes with a suoer majority vote.

Congress can override the Supreme Court by passing laws and introducing amendments. SCOTUS does not have the final say, nor should they. In the present time, however, Congress has lacked the political and moral courage to do what they are supposed to do.

But SCOTUS has way overstepped its bounds. On this issue, Scalia is most certainly right: If Congress wants something to be illegal, then pass a law that says that. Don't push the matter over to the courts.

For instance, on the issue of capital punishment being "cruel and unusual punishment," Scalia (and others) rightly point out that the people who wrote the "cruel and unusual" prohibition also practiced capital punishment (far more freely than today). So by definition, capital punishment cannot be cruel and unusual under the constitution. If you want to prohibit capital punishment, then write a law and pass it. Don't ask the courts to do it.

 

[Salty]

Cruel and unusual punshiment

google search on C&UP

 

[billwald]

Dear Non sequitur

"We are a Republic, not a democracy" is a non sequitur. "Republic" refers to the succession of the government. "Democracy" refers to the dictatorship of the majority.