Your First 100 Hours

[Poofler]

If the founding fathers could come back for a day, I bet they'd love to amend that necessary and proper clause. It's like some loophole used to bastardize the intent of the whole document.

[Al68]

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And of course I can see posts already in this thread advocating the government do even more things that the constitution doesn't authorize.

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Article 1, Sec. 8, Clause 18 of U.S. Constitution:

"The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

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I'm not sure what the point is here.

[Al68]

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If the founding fathers could come back for a day, I bet they'd love to amend that necessary and proper clause. It's like some loophole used to bastardize the intent of the whole document.

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There's no loophole. It says:

"necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

Clearly the power referred to is not unlimited, it is limited to the powers delegated by the constitution. And the tenth amendment makes this even more clear.

[hmkpoker]

1) Create a constitutional amendment protecting a 100% gold standard and banning the Federal Reserve.
2) Reestablishment of the Monroe Doctrine.
3) Banning the DEA and ending the war on drugs.

[Poofler]

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If the founding fathers could come back for a day, I bet they'd love to amend that necessary and proper clause. It's like some loophole used to bastardize the intent of the whole document.

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There's no loophole. It says:

"necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

Clearly the power referred to is not unlimited, it is limited to the powers delegated by the constitution. And the tenth amendment makes this even more clear.

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You miss the point. Tell all that to the Supreme Court. The powers are limited, sure, but that clause has allowed the legislature to pass all sorts of laws very tenously related to the enumerated powers. So much abuse of the old means to an end logic. "Necessary and proper" has such broad subjectvity to it that Congress's reach (IMO) has extended far beyond what the framers' intended. And when litigants try to invoke the 10th Amendment, that necessary and proper clause has historically often robbed it of its effect.

[Al68]

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If the founding fathers could come back for a day, I bet they'd love to amend that necessary and proper clause. It's like some loophole used to bastardize the intent of the whole document.

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There's no loophole. It says:

"necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

Clearly the power referred to is not unlimited, it is limited to the powers delegated by the constitution. And the tenth amendment makes this even more clear.

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You miss the point. Tell all that to the Supreme Court. The powers are limited, sure, but that clause has allowed the legislature to pass all sorts of laws very tenously related to the enumerated powers. So much abuse of the old means to an end logic. "Necessary and proper" has such broad subjectvity to it that Congress' reach (IMO) has extended far beyond what the framers' intended. And when litigants try to invoke the 10th Amendment, that necesary and proper clause has historically pften been used to deprive it of its effect.

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I didn't miss the point, but I should have said there's no legitimate loophole.

[Poofler]

Oh, well I didn't mean there was one.

[BCPVP]

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1) Create a constitutional amendment protecting a 100% gold standard and banning the Federal Reserve.
2) Reestablishment of the Monroe Doctrine.
3) Banning the DEA and ending the war on drugs.

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Is there some foreign threat or interference to the western hemisphere that I'm not aware of? [img]/images/graemlins/confused.gif[/img]

[Barcalounger]

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-Get rid of IRS

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Does that mean no taxes, period, after your first 100 hours? Or is that just shorthand for a simplification of the tax code?

[Barcalounger]

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This is your First 100 hours in Congress, not your first 100 hours as dictator.

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nh