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	<title>Comments on: Who Decides?</title>
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	<description>Concordia res Parvae Crescunt</description>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-354349</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Fri, 08 Oct 2010 13:06:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-354349</guid>
		<description><![CDATA[BG 
 
Yes, thanks.  Upshur hammers home the point that, to me, has always been obvious:  The Constitution is a compact among the States on behalf of the citizens of each State and is not a document of one mass of people known as Americans. 
 
Sadly, with people like Marshall, Story, Jay, et al, this point has to be reiterated ad nauseum even though it is abundantly clear from the text of the Constitution itself. 
 
These moronic arguments just won&#039;t go away.  People who want a certain result will grasp at any straw (such as the wording of the Preamble, general welfare clause, necessary and proper clause) to make their point while, at the same time, ignoring critical language that CLEARLY settles the matter simply because it goes against their bias for a given result. 
 
I call myself a textualist because I believe the language of the document itself controls.  It&#039;s not necessary or proper to refer to other documents to interpret the Constitution if the language of the Constitution is clear. 
 
On this point (and many others), the Constitution is clear that  the States RETAINED their independent sovereignty.  Frankly, no one of intellect and honest can claim otherwise after reading the Constitution itself. ]]></description>
		<content:encoded><![CDATA[<p>BG </p>
<p>Yes, thanks.  Upshur hammers home the point that, to me, has always been obvious:  The Constitution is a compact among the States on behalf of the citizens of each State and is not a document of one mass of people known as Americans. </p>
<p>Sadly, with people like Marshall, Story, Jay, et al, this point has to be reiterated ad nauseum even though it is abundantly clear from the text of the Constitution itself. </p>
<p>These moronic arguments just won&#039;t go away.  People who want a certain result will grasp at any straw (such as the wording of the Preamble, general welfare clause, necessary and proper clause) to make their point while, at the same time, ignoring critical language that CLEARLY settles the matter simply because it goes against their bias for a given result. </p>
<p>I call myself a textualist because I believe the language of the document itself controls.  It&#039;s not necessary or proper to refer to other documents to interpret the Constitution if the language of the Constitution is clear. </p>
<p>On this point (and many others), the Constitution is clear that  the States RETAINED their independent sovereignty.  Frankly, no one of intellect and honest can claim otherwise after reading the Constitution itself. </p>
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		<title>By: timothy.reeves</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-351467</link>
		<dc:creator>timothy.reeves</dc:creator>
		<pubDate>Tue, 05 Oct 2010 07:44:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-351467</guid>
		<description><![CDATA[I agree, but once something is an amendment, it is for all intents, and purposes part of the constitution, and in common law it is actually superior to the original document.  A sad quandary that we put ourselves in when we ratified that one... ]]></description>
		<content:encoded><![CDATA[<p>I agree, but once something is an amendment, it is for all intents, and purposes part of the constitution, and in common law it is actually superior to the original document.  A sad quandary that we put ourselves in when we ratified that one&#8230; </p>
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		<title>By: Bob Greenslade</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-351259</link>
		<dc:creator>Bob Greenslade</dc:creator>
		<pubDate>Tue, 05 Oct 2010 05:10:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-351259</guid>
		<description><![CDATA[TDude-I was re-reviewing the following book today.  It discusses the topic raised in this article and our discussion about political questions.  Have you heard of this book or have you read it?  Re-prints are available and it can be read and copied on line.   
 
His analysis is awesome.  It is one of the finest books ever written on the nature of the federal government.  This book is required reading for anyone interested in this subject. 
 
Abel Upshur, The Federal Government: It&#8217;s True Nature and Character, (1868, New York, Van Evire, Horton &amp; Co.)  Upshur was a Judge of the General Court of Virginia and entered President Tyler&#8217;s Cabinet as Secretary of the Navy.  He became Secretary of State in the spring of 1843. 
 ]]></description>
		<content:encoded><![CDATA[<p>TDude-I was re-reviewing the following book today.  It discusses the topic raised in this article and our discussion about political questions.  Have you heard of this book or have you read it?  Re-prints are available and it can be read and copied on line.   </p>
<p>His analysis is awesome.  It is one of the finest books ever written on the nature of the federal government.  This book is required reading for anyone interested in this subject. </p>
<p>Abel Upshur, The Federal Government: It&rsquo;s True Nature and Character, (1868, New York, Van Evire, Horton &amp; Co.)  Upshur was a Judge of the General Court of Virginia and entered President Tyler&rsquo;s Cabinet as Secretary of the Navy.  He became Secretary of State in the spring of 1843. </p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350473</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Mon, 04 Oct 2010 20:24:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-350473</guid>
		<description><![CDATA[Alex 
Sadly, I agree with every word you wrote... ]]></description>
		<content:encoded><![CDATA[<p>Alex<br />
Sadly, I agree with every word you wrote&#8230; </p>
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		<title>By: Alex</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350408</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Mon, 04 Oct 2010 19:47:38 +0000</pubDate>
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		<description><![CDATA[If only Constitution was applied as intended and the Federal government stayed confined in its original boundaries we would not have this discussion. 
However, the Federal government routinely oversteps the limits of its power (shower head is a perfect example) and there is nothing that can stop it except for a set of legislators who would repeal all unconstitutional laws at the expense of their political career. I don&#039;t think this will ever happen though. 
 ]]></description>
		<content:encoded><![CDATA[<p>If only Constitution was applied as intended and the Federal government stayed confined in its original boundaries we would not have this discussion.<br />
However, the Federal government routinely oversteps the limits of its power (shower head is a perfect example) and there is nothing that can stop it except for a set of legislators who would repeal all unconstitutional laws at the expense of their political career. I don&#039;t think this will ever happen though. </p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350214</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Mon, 04 Oct 2010 16:35:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-350214</guid>
		<description><![CDATA[Alex 
 
Interesting idea...  It sounds as if you&#039;d end up with 2 state legislatures: one in your state&#039;s capital passing laws for the citizens of that state and a much smaller one in Washington DC doing the same thing.   
 
If I&#039;ve got that right, it seems redundant for the most part although it might result in some diversity of ideas that would be lacking at the purely local level. 
 
I&#039;m guessing the sentiment is that you don&#039;t want to be stuck with crap that people from a wildly different area think is a great idea.  For me, a good example is that the size of my shower head is determined by some bureaucrat in Washington DC even though I live in rural Oregon on a well and recycle rain water! 
 
To me, that is the core of the idea of federalism and is the core of the idea underlying the original intent of the US Constitution: local control is better than centralized control from afar.  (Think: King of England telling Colonists how to live.) 
 
With the exception of the few, defined powers listed in the Constitution, governance should be left to the States and the People in those States who are closest to their problems and best able to decide how to resolve them.  (The downside is you don&#039;t get the federal treasury&#039;s help and people have to start dealing with that issue and stop relying on OPM to live on.) 
 
People who read this site regularly, should consider studying their State&#039;s constitution as carefully as they read the US Constitution so they can see more clearly how their State was intended to be the main locus of governmental power in their lives.  At that level, you have a much better chance of controlling the outcome and, even if you don&#039;t get your way, at least you can feel you had SOME chance.  With the national approach we have now, the &quot;little people&quot; have NO CHANCE.  This will result in violence some day as the gap between power and no-power widens ever greater. ]]></description>
		<content:encoded><![CDATA[<p>Alex </p>
<p>Interesting idea&#8230;  It sounds as if you&#039;d end up with 2 state legislatures: one in your state&#039;s capital passing laws for the citizens of that state and a much smaller one in Washington DC doing the same thing.   </p>
<p>If I&#039;ve got that right, it seems redundant for the most part although it might result in some diversity of ideas that would be lacking at the purely local level. </p>
<p>I&#039;m guessing the sentiment is that you don&#039;t want to be stuck with crap that people from a wildly different area think is a great idea.  For me, a good example is that the size of my shower head is determined by some bureaucrat in Washington DC even though I live in rural Oregon on a well and recycle rain water! </p>
<p>To me, that is the core of the idea of federalism and is the core of the idea underlying the original intent of the US Constitution: local control is better than centralized control from afar.  (Think: King of England telling Colonists how to live.) </p>
<p>With the exception of the few, defined powers listed in the Constitution, governance should be left to the States and the People in those States who are closest to their problems and best able to decide how to resolve them.  (The downside is you don&#039;t get the federal treasury&#039;s help and people have to start dealing with that issue and stop relying on OPM to live on.) </p>
<p>People who read this site regularly, should consider studying their State&#039;s constitution as carefully as they read the US Constitution so they can see more clearly how their State was intended to be the main locus of governmental power in their lives.  At that level, you have a much better chance of controlling the outcome and, even if you don&#039;t get your way, at least you can feel you had SOME chance.  With the national approach we have now, the &quot;little people&quot; have NO CHANCE.  This will result in violence some day as the gap between power and no-power widens ever greater. </p>
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		<title>By: Alex</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350139</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Mon, 04 Oct 2010 15:07:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.tenthamendmentcenter.com/?p=6824#comment-350139</guid>
		<description><![CDATA[I am not saying that 16th is unconstitutional but it definitely violates the spirit of the original document. After all, how can the same document set up a legal framework for a limited government and at the same time give that government an unlimited source of revenue and therefore unlimited power? Seems to me the Constitution contradicts itself on this one. ]]></description>
		<content:encoded><![CDATA[<p>I am not saying that 16th is unconstitutional but it definitely violates the spirit of the original document. After all, how can the same document set up a legal framework for a limited government and at the same time give that government an unlimited source of revenue and therefore unlimited power? Seems to me the Constitution contradicts itself on this one. </p>
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		<title>By: Alex</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350136</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Mon, 04 Oct 2010 15:01:15 +0000</pubDate>
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		<description><![CDATA[What if any federal law would only apply to the people of the States whose representatives voted for that law? An automatic opt-out (or withdrawal of consent) provision? 
 ]]></description>
		<content:encoded><![CDATA[<p>What if any federal law would only apply to the people of the States whose representatives voted for that law? An automatic opt-out (or withdrawal of consent) provision? </p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350069</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Mon, 04 Oct 2010 13:23:42 +0000</pubDate>
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		<description><![CDATA[BG 
Sounds good! ]]></description>
		<content:encoded><![CDATA[<p>BG<br />
Sounds good! </p>
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		<title>By: TextualistDude</title>
		<link>http://tenthamendmentcenter.com/2010/09/30/who-decides/comment-page-1/#comment-350056</link>
		<dc:creator>TextualistDude</dc:creator>
		<pubDate>Mon, 04 Oct 2010 13:13:50 +0000</pubDate>
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		<description><![CDATA[Hi, Julie 
You&#039;re welcome!  I appreciate your thoughtful and courteous comments that move the discussion forward.  It&#039;s very encouraging to know there are people out there across America who care enough to participate. ]]></description>
		<content:encoded><![CDATA[<p>Hi, Julie<br />
You&#039;re welcome!  I appreciate your thoughtful and courteous comments that move the discussion forward.  It&#039;s very encouraging to know there are people out there across America who care enough to participate. </p>
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