Monday, April 7, 2014

[Cons] Article 1, Section 8 - Minutia - (3 of 3)

In this section, I will address each component individually

The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
A government that cannot tax is not a government at all.  And defense is the first and foremost duty of any sovereign government.  This is its most basic duty that even the Shruggers agree must be a necessity.  The grey area becomes 'the general welfare' which to a Shrugger seems to mean those that fate has arbitrarily chosen to receive wealth, often stolen or earned on the exploitation of others far in excess of what they deserve...wheras to the rest of us, we believe in rewarding hard work and creativity but not in so disproportionate a fashion as to deprive the rest of us of a basic means of comfort and taking part in the fruits of our magnificent society.
To borrow Money on the credit of the United States;
I'm with the Shruggers on this...a balanced budget should be enshrouded in the constitution.  We disagree on how much you can do with it, but if you are spending money you don't have, you're doing it wrong.  Only a declared war against a specific power with a specific end condition (ie Surrender) should be able to waive this clause, and it should require a yearly popular vote to continue both the war and the debt.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Shruggers hate this because of how much freedom it gives the federal government.  I can potentially understand that...don't like it? Change the constitution but don't claim to love your holy holy constitution and then ignore the parts that you don't like...like this one.  And since this may not come up again...a nation that doesn't honor its treaties has no honor...and no moral authority.  Until we honor our treaties with the various native tribes in this country, I want to hear no politician thumping their chest about how awesome we are. 
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Debtors prisons are returning thanks to Shrugger efforts to criminalize being poor.  How monstrous can you be?  They also want to end the 14th amendment to the constitution.  Now, I agree, couples flying to this country for the express purpose of having children here is wrong.  So arrest and imprison the parents.  We should honor no treaty with any nation that refuses to extradite such termites to us for lawful punishment.  But the children? They're still citizens.  If they're born on US soil, they are a US citizen.  Anything else will result in a permanent underclass like the koreans in Japan. 
And if we're going to have a permanent non citizen underclass, let's start with the conservatives.  Since most folks will have a problem with that...justifiably, then lets have none.
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To control the money is to control the government.  Germany rules the EU by default because of their fiscal policies.  Allowing all states to print money as they will is the height of ignorance and stupidity.  You should allow people to be fools if they wish, so it should be in the 'federal/state mix' to be chosen by BrundleStaag, but only morons would give this to the states.
To provide for the Punishment of counterfeiting the Securities and current coin of the United States;
This goes without saying that if you have money you must be able to keep people from stealing it by printing.
To establish Post Offices and post Roads;
The Internet should be a right to every citizen of the United States at a basic level.  It is the new post office, and it should be provided as a utility service.  Net Neutrality should be a right to every living soul.
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Corporations are not people.  The perpetuation of the 100 year old copyright is an abomination to the artists who make them and often see nothing for their work, stuffed into the hands of those who speculate in markets and do nothing to help the common man.  REAL discoverers and REAL engineers and REAL creatives should profit from their work for 20-40 years...not corporations.
To constitute Tribunals inferior to the supreme Court;
A government without courts of law is not a government but the current mob who holds the most power.
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
Piracy of the nautical crime was punishable by hanging then, and it is the prerogative of any state that trades by sea to crush this now.
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
So long as it is done by popular vote, and as long as we are the primitive violent psychopath species we currently are, this must be necessary.  Letters of Marque are only a good idea if you are dealing with pirates.  Mercenaries are a horrible horrible idea.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Try one year. 
To provide and maintain a Navy;
No navy = no trade = No civilization worth having.
To make Rules for the Government and Regulation of the land and naval Forces;
Obvious.
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Switzerland and Finland have the right idea.  National service of SOME kind to be able to vote is a good idea. 
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
No problem with this.  Except the stupid selling of commissions which is idiotic and fortunately not done any more.
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
Most of this is just about allowing Federal land which is fine, but the District of Colombia deserves representation in congress...or else anyone who lives there should be exempt from federal taxes.  Didn't we fight a war about "No taxation without representation"?
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.
If a legislature can't make laws, what's the point of it? If you must have it, let it work.

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