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Something the Dog Said wrote: And your understanding of Federalist 84 is so wrong it is laughable. In Federalist 84, Hamilton is expressing his viewpoint that the Bill of Rights should not be in the Constitution, that providing those individual rights was dangerous. As to whether or not the Supreme Court abandoned the principles of Federalist 84 is ridiculous as it has no application. Beginning with the McCulloch decision, and continuing through the Gibbons decision and on, the Supreme Court has upheld the principle of federalism.
Hamilton is saying that the Constitution, if adopted, will not have the power to limit the press, or establish a national religion, or disarm the public without need of a Bill of Rights. That the government will have no power in areas where no power was conferred to it. Where was the power conferred to tell a man how many acres of his own property could be cultivated in wheat? Where was the power conferred to the federal government that allows it to artificially determine what the cost of wheat will be? Regulation, the keeping regular, of interstate commerce? Please.For why declare that things shall not be done which there is no power to do?
He, with the complicity of Congress, threatened another coequal branch of government in order to force them to bend to his will and stop overturning the laws the complicit Congress and he were making that were being ruled unconstitutional on a regular and predictable basis. An exercise of tyranny of the majority in it rawest form. Do it my way or I and this Congress will put my justices on the court and get my way anyway. There is no appreciable difference between funding mechanisms of the Agricultural Adjustment Act and the Social Security Act. One was ruled unconstitutional prior to the threat being issued and one was ruled constitutional in the wake of that threat being issued. Enough said. FDR ultimately ended up seating 8 justices, 4 of whom were on the bench for over 20 years, 2 of which sat on the court for over 30. His appointments were a majority of the bench into the 1950's and the court was entirely composed of appointments made by FDR and Truman for 7 years between 1946 and 1953. Please don't attempt to minimize the consolidation of power that these justices perpetrated with their rulings. By the time Wickard v Filburn was decided in 1942 FDR had packed the court with 6 justices to implement his decrees from on high whether they were constitutional or not, which is precisely why the federal government was given authority to which it was not entitled under the Constitution with the complicity of FDR's packed court.Something the Dog Said wrote: You constantly blame the ills of the world on FDR court packing the Supreme Court. Once again, I have to correct you. The Judicial Procedures Act that FDR pushed to expand the Supreme Court so he could "pack" it was never, I repeat, never enacted. It failed. It never happened. It is yet one more conservative myth. FDR did get justices favorable to his agenda on the Supreme Court, but that was through his 12 years in office and the relatively short life span during the 30's and 40's.
The tyranny of the majority that FDR and Congress threatened with their court packing proposal was in 1936 - before the "relevant" decision you reference. By that time the court was properly cowed into rubber stamping whatever FDR did. A 5-4 decision in the wake of the "switch in time that saved nine" is hardly a convincing argument. What option did the justices of the court have? Overrule it as it should have been and throw the nation into constitutional chaos during the Great Depression when FDR and Congress made good on their threat? Perhaps we would now be better off if they had done just that rather than submit to the threatened usurpation and tyranny of the executive and a complicit Congress.Something the Dog Said wrote: In regard to the Wickard case, previously the Supreme Court had held that agriculture was an intrastate act not affecting interstate commerce. Clearly that is incorrect as most agriculture products or products that contain agriculture products are sold in interstate commerce and affect interstate commerce. The relevant decision is actually NRLB v. Jones & Laughlin Steel Corp. which expanded the definition of commerce in 1937 (prior to FDR getting his justices on the Court), not the Wickard case.
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PrintSmith wrote: You don't think someone who served in the executive branch of the government in 5 out of the first 6 administrations of a nation under a new Constitution can be or should be amongst those included in the founding generation? Really? You don't think he made any important contributions in establishing our current form of government? Surely you jest.
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All of which is your personal opinion, not supported by any facts.PrintSmith wrote:
Something the Dog Said wrote: And your understanding of Federalist 84 is so wrong it is laughable. In Federalist 84, Hamilton is expressing his viewpoint that the Bill of Rights should not be in the Constitution, that providing those individual rights was dangerous. As to whether or not the Supreme Court abandoned the principles of Federalist 84 is ridiculous as it has no application. Beginning with the McCulloch decision, and continuing through the Gibbons decision and on, the Supreme Court has upheld the principle of federalism.
Hamilton is saying that the Constitution, if adopted, will not have the power to limit the press, or establish a national religion, or disarm the public without need of a Bill of Rights. That the government will have no power in areas where no power was conferred to it. Where was the power conferred to tell a man how many acres of his own property could be cultivated in wheat? Where was the power conferred to the federal government that allows it to artificially determine what the cost of wheat will be? Regulation, the keeping regular, of interstate commerce? Please.For why declare that things shall not be done which there is no power to do?
He, with the complicity of Congress, threatened another coequal branch of government in order to force them to bend to his will and stop overturning the laws the complicit Congress and he were making that were being ruled unconstitutional on a regular and predictable basis. An exercise of tyranny of the majority in it rawest form. Do it my way or I and this Congress will put my justices on the court and get my way anyway. There is no appreciable difference between funding mechanisms of the Agricultural Adjustment Act and the Social Security Act. One was ruled unconstitutional prior to the threat being issued and one was ruled constitutional in the wake of that threat being issued. Enough said. FDR ultimately ended up seating 8 justices, 4 of whom were on the bench for over 20 years, 2 of which sat on the court for over 30. His appointments were a majority of the bench into the 1950's and the court was entirely composed of appointments made by FDR and Truman for 7 years between 1946 and 1953. Please don't attempt to minimize the consolidation of power that these justices perpetrated with their rulings. By the time Wickard v Filburn was decided in 1942 FDR had packed the court with 6 justices to implement his decrees from on high whether they were constitutional or not, which is precisely why the federal government was given authority to which it was not entitled under the Constitution with the complicity of FDR's packed court.Something the Dog Said wrote: You constantly blame the ills of the world on FDR court packing the Supreme Court. Once again, I have to correct you. The Judicial Procedures Act that FDR pushed to expand the Supreme Court so he could "pack" it was never, I repeat, never enacted. It failed. It never happened. It is yet one more conservative myth. FDR did get justices favorable to his agenda on the Supreme Court, but that was through his 12 years in office and the relatively short life span during the 30's and 40's.
The tyranny of the majority that FDR and Congress threatened with their court packing proposal was in 1936 - before the "relevant" decision you reference. By that time the court was properly cowed into rubber stamping whatever FDR did. A 5-4 decision in the wake of the "switch in time that saved nine" is hardly a convincing argument. What option did the justices of the court have? Overrule it as it should have been and throw the nation into constitutional chaos during the Great Depression when FDR and Congress made good on their threat? Perhaps we would now be better off if they had done just that rather than submit to the threatened usurpation and tyranny of the executive and a complicit Congress.Something the Dog Said wrote: In regard to the Wickard case, previously the Supreme Court had held that agriculture was an intrastate act not affecting interstate commerce. Clearly that is incorrect as most agriculture products or products that contain agriculture products are sold in interstate commerce and affect interstate commerce. The relevant decision is actually NRLB v. Jones & Laughlin Steel Corp. which expanded the definition of commerce in 1937 (prior to FDR getting his justices on the Court), not the Wickard case.
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