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Originally posted by komodo
Incorrect. That was their original intent when the Constitution was first written, in 1784 IIRC. To determine just what powers Congress has would be a pretty big task, requiring you to sift through volumes of outdated but in force laws, legalese, and various other crud that has accumulated in the wheels of government since it was first set up.
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Since Congress cannot decide what powers Congress would have without creating Amendments I don't see how their Powers could be mentioned anywhere but in the Constitution and it's Amendments ...
Sparhawk, I don't think the Supreme Court can make rulings in direct contradiction to the Constitution. I mean, if the people let them do that something is
seriously wrong.
Quote:
Originally posted by manalone
IANAL, but in my understanding, the doctrine of enumerated powers as expressed by Atanvarno has been rejected on the basis that implied within the right to wage war and acquire territory is the right to govern such territory. Similarly, subscriber states to the Union are subject to the influence of the Federal Govermnent, which excercises appropriate implied powers, such as a legislative mandate.
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That's stretching it
very far. Were I one of the citizens who were supposed to be protected from the government by that Constitution I certainly would not accept that agrument.
And many of the States have not been aquired by war.
Besides, the powers enumerated do nowhere state the right of the Congress to "govern such territory".
As for using the 13th Admendment against abortion, well .. what can I say ... some people's imagination is truely amazing.
For the record:
Quote:
The XIII Amendment to the Constitution of the United States of America
(Ratified Dec. 6, 1865)
Section 1. Neither Slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
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