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To: Gerald Walls who wrote (100981)	3/17/2000 3:20:00 AM
From: nihil	Read Replies (2) \| Respond to of 186894

The fact of the matter is that the federal government is supposed to have exactly the powers specified in the Constitution, no more, no less, and funding the Arts or some grand Health Care Manhattan Project just isn't allowed. --- Gerry I love such pronouncements by people who know nothing about American constitutional history. How do you suppose "the National Road" which runs a mile away from my farm in IIlinois was built when Congress had no authority to build a highway? Just call it a "post road" although there was no one at the end to send and receive letters. How do you suppose the government financed Mississippi river improvements? How did Washington justify his attempts to authorize a national university? How does the United States government regulate political parties. The words and phrases of the Constitution are marvelously elastic and all encompassing. "Provide for the general welfare" are not words of restriction, but words of permission. The power to regulate "interstate commerce" among other things authorize "social security", medical practice and hospitalization and insurance (although Congress explicitly exempts insurance from regulation.) The Supreme Court is supreme. However dumb their decisions appear to you, they are the law and all officers and courts are obligated by the supremacy clause to obey them. Congress has many powers which are denied to other branches and constituent governments. One of the most powerful is to establish inferior courts and control the jurisdictions of the courts. Should the Supreme Court attempt to prevent the Administration from doing something needful in Congress's opinion, Congress can refuse jurisdiction to the courts to overturn such laws. Congress can increase (or decrease) as it has the number of judges on the Supreme Court. The senate can refuse to approve the appointments of judges (as it has) because it dislikes their judicial principles (Bork was not the first to be turned down). Ultimately Congress (and the people who elect its members) can force the support of any program or policy that it wishes. Usually it requires the leadership of a strong President, but ultimately the scrap of paper that is the Constitution can be stretched to cover anything (except a Senate with unequal state membership). Government belongs to the living. The ideas of the dead white males who founded this country are merely persistent suggestions. We can shape them into anything we will.

To: Gerald Walls who wrote (100981)	3/17/2000 3:32:00 AM
From: Dinesh	Read Replies (1) \| Respond to of 186894

OT Gerald I can see that the topic has shifted from patenting the gene sequences to the scope of the government. I wasn't a lawyer; I am not a Constitution expert either. Like you mentioned, "general welfare" is too subjective a term and different governments are likely to interpret it as they see fit. Insofar as allowing prayers in schools go, this is a very debatable topic. Judging by what you write, Constitution is clearly against it (although the Left is pretty picky about which parts of the Constitution it wants to uphold.) But there is no clear end to this debate. Finally, thank you for the Cornell link. It is a very instructive site. Regards Dinesh