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Why aren't there more Libertarians?

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Old 11-03-2004, 05:01 AM
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Oh boy! I just read the "serious" posts on this thread. We were better off discussing librarians.

First, please consider the Commerce Clause. You may not like it. You may think it is overused or misused, but its right in the constitution, (along with the right to raise taxes). This clause is used regularly by Congress to pass new laws and legislate in areas that some of you think the Congress has no business being in. Your Supreme Court is called upon from time to time to evaluate legislation passed under it to determine if the new laws pass muster. Sometimes they strike things down, sometimes they uphold things. You may not like the results, but it is all valid and supported in the Constitution.

Second, laws and Constitutional rights that are ignored for years are still the law. Case Law does not change that, unless the court finds the law unconstitutional. I'm sure most of your aren't even aware that the Constitution contains a Contract Clause. this clause upholds the rights of private contracts. It went largely unnoticed for a number of decades until a state tried to overreach the revenues of a Worker Compensation Insurance contract and take the profits owed to the insurance company. the Contract Clause trumped the State regulators. Just one example.

Third, lighthouses were not originally constructed by the government, but by private insurance companies. Governments took that over.

Fourth, I think Bush won. I don't think the Librarians got any votes at all
Old 11-03-2004, 05:21 AM
  #42  

 
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Originally Posted by Legal Bill,Nov 3 2004, 09:01 AM
Oh boy! I just read the "serious" posts on this thread. We were better off discussing librarians.

First, please consider the Commerce Clause. You may not like it. You may think it is overused or misused, but its right in the constitution, (along with the right to raise taxes). This clause is used regularly by Congress to pass new laws and legislate in areas that some of you think the Congress has no business being in. Your Supreme Court is called upon from time to time to evaluate legislation passed under it to determine if the new laws pass muster. Sometimes they strike things down, sometimes they uphold things. You may not like the results, but it is all valid and supported in the Constitution.

Second, laws and Constitutional rights that are ignored for years are still the law. Case Law does not change that, unless the court finds the law unconstitutional. I'm sure most of your aren't even aware that the Constitution contains a Contract Clause. this clause upholds the rights of private contracts. It went largely unnoticed for a number of decades until a state tried to overreach the revenues of a Worker Compensation Insurance contract and take the profits owed to the insurance company. the Contract Clause trumped the State regulators. Just one example.

Third, lighthouses were not originally constructed by the government, but by private insurance companies. Governments took that over.

Fourth, I think Bush won. I don't think the Librarians got any votes at all
Good points.

The Commerce clause is one of the most abused powers, no question about it. When a family's vegetable garden, used for only themselves, falls under regulation because it affects interstate commerce (since that family will now purchase less veggies from out of state), then someone's really stretching the language. This kind of interpretation leads to a blank check for the feds to regulate absolutely anything. If the founders wanted that, they wouldn't have bothered with enumerated powers in the first place.

According to our local paper, Badnarik won over 6000 votes in Ohio!

Jonas
Old 11-03-2004, 06:36 AM
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Wow I'm learning a lot here, Pretty good points guys and gals.




Also I didn't realize that Librarians came from Liberia. Who would have Thunk.
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