Civil Liberties Amendment (for the public)

[migrendel]

This has worked for many years in America, and I do not see why it shan't work here. I'd question the necessity of clause 14, though. It could get out of hand without a complementary necessary and proper clause.

[migrendel]

Judges are not opinion pollsters, and I might remind you that the majorities of our society lack the training and erudition to decide most legal questions. The Necessary and Proper doctrine has overriden the Tenth Amendment since the decision of McCulloch v. Maryland (1818). Chief Justice Marshall wrote that to list all of the government's powers in the Constitution "would partake of a prolixity of a legal code and could scarcely be embraced by the human mind." I think that question is pretty much settled.

[migrendel]

The issue presented was one of government's authority in a matter not specifically enumerated by the Constitution. You can deny its applicability because of whatever agenda it is your mission to push, but in reality, that does not change the central nature of McCulloch in this matter. Sorry about the date, but your sarcasm is nevertheless unwarranted.

[migrendel]

I said that we need to outline a broader interpretation of the federal government's powers so that the states don't hinder necessary national action in a greedy steeplechase to assert their "rights". I also believe that since we have a Constitution wholly separate from the federal one, with aspects of it incorporated selectively, we really needn't take all these things for granted.