Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: carranza2 who wrote (493383)	6/29/2012 7:53:51 AM
From: goldworldnet	1 Recommendation Respond to of 793914

True it gives Democrats the same thing as the Commerce Clause. The only thing that makes it marginally better is that it burdens Democrats with defining such legislation as a tax. * * *

To: carranza2 who wrote (493383)	6/29/2012 10:23:21 AM
From: simplicity	11 Recommendations Respond to of 793914

IMO the Taxing Power justification is extremely dangerous because all Congress has to do to validly enact a dodgy law, one which would otherwise not pass constitutional muster, is to add a penalty/tax to it as a pretext, then not take steps to collect it. Coupled with the affirmation of the interpretative doctrine requiring a court to bend over backwards to validate a law against constitutional challenges, Roberts gave congress a simple road map to follow for essentially doing anything it wishes to do. Well said! I can't agree with all of these theories coming out that Roberts has some sort of noble, hidden motive for doing what he did. The right and sensible thing to do would have been to rule alongside Scalia, Thomas, Alito and Kennedy. This supposed circuitous route toward what's best (and Constitutional) for America isn't working for me. And what was his reasoning for ruling as he did on Arizona's SB-1070? His job is to uphold the U.S. Constitution, and allowing any other quasi-political considerations to deter him from that charge is an affront to his lofty position in defense of the concept of human liberty. In all of my years I can count on the fingers of one hand the people I have despised. I despise John Roberts for what he did yesterday.

To: carranza2 who wrote (493383)	6/29/2012 10:56:54 AM
From: D. Long	Read Replies (1) \| Respond to of 793914

It simply shifts one tired justification - the Commerce Clause - for another I think so too. The taxing power was already broad and permitted Congress to engage in non-enumerated exercises of power under the guise of taxing and spending for the general welfare. Now, that power has been expanded to cover any conceivable activity - or lack of activity. At least the Commerce Clause jurisprudence put some breaks on. Taxing and spending has few limits. The Constitution is springing leaks and we're taking water.