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Old 10-28-2007, 08:20 PM
MiloMinderbinder MiloMinderbinder is offline
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Join Date: Sep 2007
Posts: 382
Default Re: US constitution original intent question

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In addition to the limited powers that are enumerated in the Constitution, the Congress also has the elastic power to do whatever is necessary to be able to exercise its enumerated powers. Theoretically the Congress does have unlimited power.


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How does it have unlimited power? It only has the power to make sure it can use its listed powers. For example, giving healthcare to all Americans doesn't serve this purpose, 'ergo', Congress can't pass this sort of law under the elastic clause.

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Because any politician worth his salt can certainly justify any government action as necessary and proper for carrying out the enumerated powers of Congress.

Giving health care to all Americans could be construed as regulating interstate commerce. Patents also play a role: suppose you have developed a new medicine; Congress could certainly say you have to contribute a certain amount of money to give health care to the poor- or give some of your medicine to the government so it can give it to the poor in order for you to get a patent.

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Ok, I get it now. You're an anti-federalist's gimmick account. I suspected it before, but am now certain. Good one.
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