Re: "The View" Hosts Shocked Into Silence As Whoopi Argues In Favor Of Trump Policy

BTR1701 <atropos@mac.com> wrote:

Apr 21, 2025 at 1:58:38 PM PDT, Adam H. Kerman <ahk@chinet.com>:

BTR1701 <atropos@mac.com> wrote:

Apr 21, 2025 at 11:27:54 AM PDT, Adam H. Kerman <ahk@chinet.com>:

Here's a citation for the article plagarized by Ubi the shithead, who
falsely claimed authorship of an article he had not written.

https://www.dailywire.com/news/the-view-hosts-shocked-into-silence-as-whoopi-argues-in-favor-of-trump-policy

Federal legislation that imposed partially unfunded mandates on public
schools is a separate issue from the mere fact of the Department of
Education. A great many of the mandates originated in education bills
before there was a Department of Education and a few from before there
was a Department of Health, Education, and Welfare, part of the Johnson
administration's Great Society program.

It's the education bills, not the fact that there's a government
bureaucracy whether it's DOE, HEW, or something else, that are
problematic. Some of the provisions should be reformed; many should
be sunsetted. Also, some of the mandates (school breakfast and lunch
programs) are in the farm bill and administered by USDA.

None of it is a power granted to the federal government by Article I,
Section 8, and is therefore all a matter of state/local jurisdiction,
per Amendment X.

The Dept. of Education should be abolished because it's unconstitutional.
Period.

What about the General Welfare clause? The Constitution doesn't get
broader than that.

The phrase "general welfare" appears twice in the Constitution, once in the
Preamble:

    "We the People of the United States, in Order to form a more perfect
    Union, establish Justice, insure domestic Tranquility, provide for the
    common defense, promote the general Welfare, and secure the Blessings
    of Liberty to ourselves and our Posterity, do ordain and establish this
    Constitution for the United States of America."

(Although the Founders got the first sentence wrong. "We the People"
should be "Yeeb Plebnista".)

If the fine words apply to the Yangs, they must also apply to the Kohms,
otherwise they mean nothing.

But we don't want the Irish!

--"The Omega Glory" by way of Blazing Saddles

And in Article I, Section 8:

    "The Congress shall have power to lay and collect taxes, duties,
    imposts and excises, to pay the debts and provide for the common
    defense and general welfare of the United States"

The Preamble is just pretty words and has no legal force or effect, per the
writings of the Founders, which subsequently have been enshrined into
precedent by SCOTUS. So the Preamble is out.

As for Article I, Section 8, plain English dictates (and the Supreme
Court has affirmed) that the term "general welfare" in that clause
applies only to laying and collecting taxes. It doesn't give Congress
the power to do anything it likes and justify it by claiming it's "in
the general welfare of the nation".

Ok. Thanks for the correction. It's too bad that taxes imposed
themselves aren't subject to analysis as to whether they promote the
general welfare. Plenty of our taxes, because they burden production,
are quite harmful in the extreme.

(That's what we have the Commerce Clause for.)

Your favorite line of Supreme Court cases!

Since I was looking it up, I encountered United States v. Darby (1941).
I had no idea that the Fair Labor Standards Act of 1938 included
criminal law provisions! Shudder. Couldn't the employer just be fined
and forced to pay the missed wages?

Otherwise, it would negate the Founders' intent to create a weak and
limited central government, the general intent of the Constitution itself
taken as a whole, as well as specifically render the 10th Amendment
meaningless, if not all but repeal it entirely.

Using the "general welfare" clause to directly regulate education, which is a
power not granted to the federal government in Article I, Section 8, would be
a disingenuous attempt to end-run the Constitution's limitation on federal
power and usurp the legitimate authority and jurisdiction granted to the
states under the 10th Amendment.

In any event, you aren't addressing my criticism that sunsetting DOE is
meaningless if Trump won't seek to sunset various authorization bills
whose provisions are federal overreach or contraindicated.

My main criticism is that Trump doesn't want to affect domestic policy
through legislation as he likes that Congress has allowed usurption of
its inherent powers under the Constitution.

Yes, Congress is cowardly and Trump is taking advantage of it. Anyone who's
surprised, raise their hand. Anyone? Anyone? Bueller?

I am so old that I can actually recall a time that Congress wasn't a
national disgrace, from the late '60s till the late '70s.