ThoughtCrimes
Old Navy Vet
I don't know how many cereal box tops you had to send in for your law degree from "We Saw Ya Coming" University, but you sure have displayed your innate ability to try to baffle with heaping mounds of buffalo dung!You so very smugly asked another, "Where does the Constitution give the federal government the authority to use tax money to support universities and colleges?" [Emphasis Added]Pulling federal funding to universities for speech it does not agree with would be unconstitutional because there is no compelling interest and it would be a very restrictive mean even if there was a compelling interest.
Any university or college who accepts government money is bound by the same rules the government is. It cannot decide what speech it does or does not like.
So then why can the same government, under Ben Carson, pull funding for speech it doesn't agree with?
Let's see how much 'constitutional law' you actually learned.
Where does the Constitution give the federal government the authority to use tax money to support universities and colleges?
Looks like you'll have to give back that 'A,' huh?
To even those with an inadequate understanding of the Constitution, as yourself, one should be able to recall the enumerated powers of Congress and instantly recall the "necessary and proper" clause of Article I, Section 1, Clause 18.
Perhaps you may have heard of one or two of the pieces of legislation passed by Congress and signed into law:
1. Morrill Land-Grant Act (1862), establishing Land-Grant Collages;
2. Hatch Act (1887)
3. Agricultural Collage Act (1890)
4. Smith-Lever Act (1914)
Now play nice, and go to the back of the class, dear! There's a good little girl!
Well...glad you dropped by for a remedial education.
This is the class where, first, I instruct you....then give you the failing grade you deserve for your post.
Take notes:
Necessary and Proper is restricted to the specific authority of Article 1, second 8: it is the vehicle for the enumerated powers.
As you cannot, as I stated, correctly, earlier.....show any of the enumerated powers that give authority to the federal government to fund those Liberal institutions known, laughably, as 'universities'.....you remain the failure that I regularly identify you as.
'Necessary and Proper' doesn’t expand any enumerated power, or expand any congressional power.
- Evidence for this placement can be construed by Article I, section 9, which limits powers granted to Congress in section 8, and thus, suggests that spending power has already been conferred by Article I, section 8.
- Under this view, the test for whether spending is permissible under the Constitution is simply to see if the spending is necessary and proper in order to carry out any or all of the enumerated powers.
- South Dakota v. Dole…Court found that withholding funds to keep drinking age at 21 was a ‘pressure’ not a compulsion.’
Professor Randy Barnett: “I have always been attracted to Madison’s view that there is no freestanding Spending Clause, but only a power to spend what is necessary and properly incident to the enumerated powers.
In the future, do your homework so that I don't have to discipline you again.
1. Your attempt to link it ONLY to the spending clause is nothing more than ignorant desperation! In that same clause locate the words "...common defense and general welfare..." and place them in the proper context! We can go with that also, and you're still wrong! Your reference to Article I Section 9 is absolutely absurd! It is related to the previous Section in no wise whatsoever, save being its antithesis! Section 8 deals exclusively with the enumerated powers of Congress and Section 9 deals with powers absolutely denied Congress!
2. SCOTUS - U.S. v. Butler (1936):
Syllabus:
"The power to tax and spend is a separate and distinct power; its exercise is not confined to the fields committed to Congress by the other enumerated grants of power, but it is limited by the requirement that it shall be exercised to provide for the general welfare of the United States." [Emphasis Added]
Opinion:
"Nevertheless the Government asserts that warrant is found in this clause for the adoption of the Agricultural Adjustment Act. The argument is that Congress may appropriate and authorize the spending of moneys for the "general welfare"; that the phrase should be liberally [p65] construed to cover anything conducive to national welfare; that decision as to what will promote such welfare rests with Congress alone, and the courts may not review its determination, and finally that the appropriation under attack was, in fact, for the general welfare of the United States." [Emphasis Added]
AND {Edit}
"Hamilton, on the other hand, maintained the clause confers a power separate and distinct from those later enumerated, is not restricted in meaning by the grant of them, and Congress consequently has a substantive power to tax and to appropriate, [p66] limited only by the requirement that it shall be exercised to provide for the general welfare of the United States." [Emphasis Added]
3. South Dakota v. Dole dealt with an unconstitutional withholding of appropriations as a punishment to the State. Totally non sequitur.
You always try to baffle others with bat, buffalo and/or bull shit, but who's counting! Scheeesh!
It should not have been necessary to point out that the 12th, 13th, 16th, and 17th Clauses of Article I, Section 1 would be obviously link to the necessary and proper clause as they all relate to the common defense and establishment of the Army, the Navy and the militia along with all the necessary infrastructure INCLUDING the Military Academies. They're the first examples of institutions of higher learning established through Congressional action using the IMPLIED power of the necessary and proper clause.
You wrote, " 'Necessary and Proper' doesn’t expand any enumerated power, or expand any congressional power."
Justice Roberts, cited above says you are dead freakin' wrong Chica, and that the tax and spend provision of clause the first is a separate and distinct power! Are you smarter than those who have served on the High Court, Chica?
Perhaps you could pass on to your Professor Randy that he is freakin' wrong also as pointed out by Justice Roberts in US v. Butler above. Perhaps you should get some other coaches that have a better grasp on case law and the Law of the Land.
In your closing line you chided, "In the future, do your homework so that I don't have to discipline you again."
Pretty big words for someone with pie all over their face now, huh Chica! Such bloody Hubris!
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