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Old 10-27-2007, 02:28 PM
NickMPK NickMPK is offline
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Join Date: Jan 2006
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Default Re: US constitution original intent question

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if the commerce clause and general welfare little clause allow US fed gov to do pretty much anything, as a lot people think (and is our current law), then what is the point / how can people say the fed const. limits government?

wasn't the point that the fed goverment only had the powers spelled out in the const.? isn't the total anything goes commerce/welfare clauses totally inconsistent with limited powers?

I mean I think the real argument about why US has national welfare system, for example, is that it is extra-constitutional (fraud), but backed up by force, which is why it is followed and applied. and also of course that the people want socialism, plain and simple.

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I think its fair to say that the commerce clause no longer meaningfully limits the powers of the federal government (with a few exceptions), but that's not true about the constitution in general.

If the constitution provided no limits on government, you wouldn't see laws struck down by the courts as unconstitutional, as happens fairly frequently....e.g. congressional terms limits, partial birth abortion ban, line item veto, internet pornography restrictions, etc.
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