Skylar
Diamond Member
- Jul 5, 2014
- 52,460
- 15,583
Well, that's a nice tight little circle. But the question of the thread isn't who has the authority. It's what we think. I suppose you're making an appeal to authority, which is fine. But it's sort of irrelevant. Obviously the Courts have ok'ed redistributions - hell they just signed off on insurance mandatesk. The debate we're having here is whether they made the right call. I think it was a mistake, both in terms of original intent and what's good for the nation.
Its certainly neat, but only because our system of law has some pretty clear heirarchy. My point is simple: constitutionality is a legal standard. So you might as well be asking 'is abortion legal in the US'. The answer is obviously yes. You can argue if it should be. But there's really no debate on whether or not it is.
Likewise, the constitutionality of the 'redistribution' programs is obviously yes. As the courts determine if a given law meets the legal standard of constitutionality. You can argue if it should be. But there's really no debate on whether or not it is.
Wow... you are utterly fixated on this. Granted, the language of the thread title lacks precision, but it's pretty obvious (to most of us) that the question isn't whether it's considered constitutional by the Court, but whether we think it's constitutional.
I'm just addressing the points you're raising and those posited by the OP. And if you want to set aside the obvious answer to the OP, I've given you plenty to chew on in terms of the actions of the founders. They began using implied powers from the very first session of congress. While arguing against federal subsidies for a certain group of fisherman Madison lamenting about how the general welfare clause was being used to a far greater extent that he thought it should...
......only 3 years after the constitution was ratified.
The founders clearly didn't consider themselves bound by the 'enumerated only' restrictions. But were quite comfortable with implied powers. The passed the First Bank of the United States in the very first session of congress, over the very objections the OP makes. The founders clearly picked a side on the implied power debate.
Once you've popped that legal cherry, the extent of implied powers because a construction built out of precedent over decades and centuries.
And here we are.