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PDXCon tickets available now! Cities: Skylines - Campus is here! Stellaris: Ancient Relics is here! Blog Entries: 0 Joined: Mar 13, Messages: 1. If he wants to destory the south get a bunch of transports recruit all your southern brigades ship them to Africa to die of attrition hehehehehehehe.
Blog Entries: 0 Joined: Jul 16, Messages: Blog Entries: 0 Joined: Apr 22, Messages: 3. I see what you did there.http://yourdairygold2.custodianwebdev.com/comme-une-goutte-deau-fiction-french-edition.php
Bridges to Nowhere | Nathaniel Friedman
Forster , Nov 14, Verry quiet. Are you going to try for northern Maine and Nova Sotia? Forster , Nov 25, No advances into Canada will be made for the time being. The next few updates will be rather quiet, as almost nothing happens until the Civil War. As a result, these updates will cover several years, with screen shots being far apart. Last edited: Nov 27, That is bad. Lincoln assinated, is the Civil War hard coded, or is it possible to not have it occur?
Forster , Nov 28, It is possible to avoid the Civil War in vanilla. It is not possible in this mod. Last edited: Nov 29, Blog Entries: 0 Joined: Mar 11, Messages: 2. I've never seen this before, subbed!! King , Nov 29, Blog Entries: 0 Joined: Dec 31, Messages: Barkingdragon13 , Nov 29, This is amazing.
What is to be the solution to these problems? As done in Lochner v. New York , the Supreme Court should begin to practice a consistent Ninth Amendment jurisprudence.
Is this likely to occur soon? No — America is still a long distance from being able to achieve capitalistic politics, but even so this would only solve the problem functionally, not legally. Legally, the ability for irrational justices to reach the Court and issue opinions which misunderstand the origin of rights and, consequently, the rights themselves still exists under Ninth Amendment jurisprudence. Additionally, clearer provisions that would prevent the states from violating those rights at any level would also be imperative, but this only solves the issue broadly and could allow for existing clauses to contradict the new amendment if they are not specifically addressed.
Two of those constitutional provisions are the Sixteenth Amendment and Seventeenth Amendments, products of the Progressive Era. The first grants Congress the ability to tax income, something which should be unequivocally voided by a future amendment. In the event that a sudden call for government expansion erupts amongst the people, now Senators are more prone to acquiesce than they would be if elected by the state legislatures.
But errors such as these are not confined merely to Progressive Era amendments — an error continues to exist in one of the original Madisonian Amendments which later became the Bill of Rights. The Fifth Amendment, the cornerstone of due process jurisprudence before the Fourteenth Amendment, specifically sanctions the government taking private property without the consent of the owner.
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The final problem within our Constitution that deserves discussion within the context of this piece is Article I, Section 8, Clause 3: the Commerce Clause. Throughout the previous century, the Commerce Clause has demonstrated itself to be the most misunderstood and abused provision within the Constitution. First intended by the Founders to ensure a system of free trade between the states, the Commerce Clause has been twisted and perverted by statists to allow any number of unconscionable violations of liberty. Its wording was transparent enough to make clear that states cannot legally injure the free flow of goods and services to and from any of their neighbors, but vague enough to allow Congress the authority to deny individuals their rights.
Since West Coast Hotel v.
Parrish , the Supreme Court has permitted the federal government and the states to regulate the economy almost without restriction. The number of cases in which the Court upholds economic regulations far exceed the number which it strikes down.
Since then, Social Security, Medicare, and more recently Obamacare and Dodd-Frank have all been logical steps following from that original jurisprudential decision. Fortunately, Judge Roger Vinson and other lower federal judges have opened the door for this trend to be halted and reversed. It is unlikely that we are at the dawn of another Lochner Era — the challenges to Obamacare must still pass the Supreme Court — but hopefully our judicial system is making progress in renouncing its past errors and ending the continual errors of the legislature and the executive. Even so, this error is no different from the previous ones.
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So long as the meaning of the Constitution is dependent on the philosophy of justices charged with interpreting it rather than direct, unambiguous, deductive reasoning, then the liberty of Americans cannot be guaranteed. As a consequence, the Commerce Clause should be stricken from the Constitution by amendment, along with any power to tax, and replaced with a protection from any and all government intrusions into the economy.
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Just as church and state have been effectively separated, so too should be the economy and state. As an objective essayist, I must admit that changes such as these will require many years or more likely decades or even a century of philosophic revolution to achieve fruition. No government that has ever existed has been wholly free, including the government sanctioned by Constitution itself. Though a perfect government has never been achieved, that does not mean that a perfect government is impossible, nor does it mean that it should not be striven for.
It should be remembered that this should be the goal of those who love liberty: not returning to the Constitution, but perfecting it.