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The Case That Could Destroy the Government

theatlantic.com

51–60 of 85 posts

Re: The Case That Could Destroy the Government

#51
post #47

Earlier quoted context omitted.

Why should congress be dealing with such local concerns?

The definition of clean water is a local concern? Yeah, I guess some communities are more concened than others...

Is it your supposition that states can't define it?

Re: The Case That Could Destroy the Government

#52
post #38

Earlier quoted context omitted.

The laws and procedures the court is undoing here were all adopted through the defined legislative process, and could have been adjusted through the defined legislative process if voters’ representatives wanted that done. These court rulings will just limit Congress’s power to execute the will of the voters.

It is far more important to operate within Constitutional limits than to execute the will of the voters. We shouldn't allow the tyranny of the majority.

So you propose tyranny of the minority instead?

Re: The Case That Could Destroy the Government

#53
post #38

Earlier quoted context omitted.

The laws and procedures the court is undoing here were all adopted through the defined legislative process, and could have been adjusted through the defined legislative process if voters’ representatives wanted that done. These court rulings will just limit Congress’s power to execute the will of the voters.

It is far more important to operate within Constitutional limits than to execute the will of the voters. We shouldn't allow the tyranny of the majority.

This is less compelling when the "Constitutional limits" are made up.

Re: The Case That Could Destroy the Government

#54
post #52
post #38

Earlier quoted context omitted.

It is far more important to operate within Constitutional limits than to execute the will of the voters. We shouldn't allow the tyranny of the majority.

So you propose tyranny of the minority instead?

I propose following the Constitution strictly as written with a very narrow interpretation. And if some people think the federal government needs more power then they are welcome to propose an amendment.

Re: The Case That Could Destroy the Government

#55
post #54
post #52

Earlier quoted context omitted.

So you propose tyranny of the minority instead?

I propose following the Constitution strictly as written with a very narrow interpretation. And if some people think the federal government needs more power then they are welcome to propose an amendment.

> I propose following the Constitution strictly as written with a very narrow interpretation.

We already do, within the framework set forth by the Constitution

> And if some people think the federal government needs more power then they are welcome to propose an amendment.

That's been done, too.

Seems like you're happy with things and maybe you just enjoy complaining?

Re: The Case That Could Destroy the Government

#56
post #55
post #54

Earlier quoted context omitted.

I propose following the Constitution strictly as written with a very narrow interpretation. And if some people think the federal government needs more power then they are welcome to propose an amendment.

> I propose following the Constitution strictly as written with a very narrow interpretation. We already do, within the framework set forth by the Constitution > And if some people think the federal government needs more power then they are welcome to propose an amendment. That's been done, too. Seems like you're happy with things and maybe you just enjoy complaining?

I am not at all happy with the overly broad interpretation of the Commerce Clause which started with NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937). This essentially gave the federal government a loophole to exercise authority over almost everything based on only the most tenuous connections to interstate commerce. Hopefully the Supreme Court will reverse that and similar decisions in a future case, thereby limiting federal power. I will continue complaining until that happens.

Re: The Case That Could Destroy the Government

#57
post #46
post #43

Earlier quoted context omitted.

You think the framers went to all that trouble to create this complex process for making laws between two houses of the legislature and the signature of the president, but thought it would be totally cool for unelected bureaucrats in some executive branch agency to do the same thing? Arguments about the “current scale of the US” obviously don’t tell you what the Constitution means. And even on its own terms that argu…

s/tasked with running/tasked with coordinating states and federal matters/ I think nothing about the US framers - not my country. I simply answered the question posed without delving into the merits of any specific position. On the matter of stock exchanges and securities Congress did lawfully choose to regulate and bind public companies to declare honest and true infomation to the public yada yada .. that's within t…

Well, it's really pretty simple. The way the US government is supposed to work, courts adjudicate, legislature makes the rules and the executive enforces them. All this hand wringing is about returning to that. The legislature cannot create an executive department that is able to create what amount to laws, execute them and adjudicate them. You can have an SEC; it can only enforce laws passed by Congress and if you dispute it goes to a federal court. That's how it's supposed to work.

Re: The Case That Could Destroy the Government

#58
post #48
post #22

Clickbait -> it would destroy's Government ability to create unlimited agencies, not to destroy the Government. sigh

Same thing. Governments can't govern without those.

Governments can govern withdout unlimited agencies just fine.

Re: The Case That Could Destroy the Government

#59
post #24

This Supreme Court is, and always has been, political. The idea of the "textualist" or "originalist" interpretation of the Constitution as a philosophy is just propaganda invented in the 1980s shortly after the Federalist Society was founded. This court seems determined to overturn Chevron [1], which is the basis for deference given to administrative bodies empowered by Congress, the so-called "administrative state"…

Congress doesn't have the authority to determine fish quotas or hunting seasons. Those are all intra state commerce. The various legislatures of the states and the US congress do have the bandwidth to govern in each of their respective spheres and jurisdictions, it's a bit of a distributed system. Let the state governments handle the day to day inside their state, let the federal government do what it's charter says it is to do: maintain common defense, diplomatic relations, regulate interstate commerce and guarantee a specific set of rights to the people from their state government.

Re: The Case That Could Destroy the Government

#60
post #9

[flagged]

This feels like a disingenuous interpretation rooted in some pretty strong biases.

It may feel like that to you, but it didn't to me (though I find your reply reflexive).

The article writes in fear that the Supreme Court may decide that something the government is doing is unconstitutional without providing anything else. It neither discusses the case from a legal perspective nor provides alternatives nor shows any level of deep knowledge or access to someone with such.

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