Black Mamba
Member
Where does it say that?
Where is the constitution is there an explicit power? Or even implicit? Without it it's reserved for the states. Other than civil rights I don't recall any national legislation.
Where does it say that?
Where is the constitution is there an explicit power? Or even implicit? Without it it's reserved for the states. Other than civil rights I don't recall any national legislation on schooling who's is a 14th amendment issue.
So just because it's not an explicit power it means Congress can't do it? The Constitution doesn't list the authority to build shuttles and fly to the moon, so that means it can't do it? The states have to? The Constitution has the power to provide for the general welfare; education is general welfare.
Shuttles is covered under appropriations. Congress can spend money on anything it wants to spend money on. It cannot regulate and enforce laws it has no authority on, however. Big distinction.
General welfare doesn't work like that. If it did, then Congress's power would be unlimited.
And to think he once had Ted Kennedy's senate seat on lockdown. What could have possibly gone wrong?
Emissions cross state lines and therefore fall under interstate commerce.So Congress doesn't have the power to regulate car emissions?
Emissions cross state lines and therefore fall under interstate commerce.
Education has an effect on interstate commerce.
so basically the only thing to come out of the Rubio speech is the water break. Good job Rubio, you blew that
You can relate everything to interstate commerce by doing that which is why the SCOTUS laid out the test in Lopez what is and isn't economic. Schooling wouldn't be but emissions are (and have been held up as such).
I sat down outside one of my political classes and got into this semi-debate with a classmate over whether universal pre-K education is constitutional. He said it wasn't. I wasn't really prepared to debate that, so I mainly gave shrugged responses. So, how is universal pre-K education constitutional?
Of course, if you take that stance, then the moon landing was constitutional.
I looked up Lopez, and it doesn't label what is or isn't economic, but rather limits the Commerce Clause to those activities that have a substantial effect on it. Doesn't education have a substantial effect on interstate commerce?
Funny thing, the first thing I brought up was that Obama was going to do it with the states as partners. Then he said something that, for him, still made it unconstitutional. I think he then listed only the things Congress can do under Article 1 Section 8."Tonight, I propose working with states to make high-quality preschool available to every child in America."
It'd be nice if he had proposed eliminating dual sovereignty instead.
But that's not answering whether or not it has a substantial effect on interstate commerce.Education isn't a business transaction that occurs across state lines. Sure, educated people partake in interstate commerce, but the process of being educated is not commerce.
I looked up Lopez, and it doesn't label what is or isn't economic, but rather limits the Commerce Clause to those activities that have a substantial effect on it. Doesn't education have a substantial effect on interstate commerce?
One communist step at a time."Tonight, I propose working with states to make high-quality preschool available to every child in America."
It'd be nice if he had proposed eliminating dual sovereignty instead.
But that's not answering whether or not it has a substantial effect on interstate commerce.
Seems to me that they were only commenting on the gun, not the effect of education as it relates to interstate commerce.It can't label what is or isn't since it's ad hoc but it lays out the test that it must be economic.
1. channels of interstate commerce (does not apply to education)
2. instrumentalities of interstate commerce (does not apply)
3. activities that substantially affect or are substantially related to interstate commerce.
The third is the only basis for argument. But if you read Lopez which overrules a statute banning a gun near a school through the commerce clause, you see their link of economic activity. They can regulate buying the gun but not where the gun can be (on non-federal ground) because there is nothing related to economic activity here.
Because Lopez says Congress has the ability to enact legislation that has a substantial effect on interstate commerce.Why does it matter whether or not it has an impact on interstate commerce? The federal government regulates interstate commerce, not things that are impacted by interstate commerce.
Seems to me that they were only commenting on the gun, not the effect of education as it relates to interstate commerce.
Because Lopez says Congress has the ability to enact legislation that has a substantial effect on interstate commerce.
Congress can regulate intrastate commerce that has a substantial effect on interstate commerce. It cannot regulate non-commerce that has a substantial effect on interstate commerce.
Public Education is not commerce at the secondary and under level.
It's says Congress has the ability to regulate intrastate activities that substantially effect interstate commerce."The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of Congress over it as to make regulation of them appropriate means to the attainment of a legitimate end, the exercise of the granted power of Congress to regulate interstate commerce."
I don't follow.No, this was the test they laid out which they later used in Morrison and then Raich.
According to this, it says "those activities." Even in the link you provided:
It's says Congress has the ability to regulate intrastate activities that substantially effect interstate commerce.
First, we have upheld a wide variety of congressional Acts regulating intrastate economic activity where we have concluded that the activity substantially affected interstate commerce. Examples include the regulation of intrastate coal mining; Hodel, supra, intrastate extortionate credit transactions, Perez, supra, restaurants utilizing substantial interstate supplies, McClung, supra, inns and hotels catering to interstate guests, Heart of Atlanta Motel, supra, and production and consumption of home grown wheat, Wickard v. Filburn, 317 U.S. 111 (1942). These examples are by no means exhaustive, but the pattern is clear. Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained.
Even Wickard, which is perhaps the most far reaching example of Commerce Clause authority over intrastate activity, involved economic activity in a way that the possession of a gun in a school zone does not
The Government's essential contention, in fine, is that we may determine here that §922(q) is valid because possession of a firearm in a local school zone does indeed substantially affect interstate commerce. Brief for United States 17. The Government argues that possession of a firearm in a school zone may result in violent crime and that violent crime can be expected to affect the functioning of the national economy in two ways. First, the costs of violent crime are substantial, and, through the mechanism of insurance, those costs are spread throughout the population. See United States v. Evans, 928 F. 2d 858, 862 (CA9 1991). Second, violent crime reduces the willingness of individuals to travel to areas within the country that are perceived to be unsafe. Cf. Heart of Atlanta Motel, 379 U. S., at 253. The Government also argues that the presence of guns in schools poses a substantial threat to the educational process by threatening the learning environment. A handicapped educational process, in turn, will result in a less productive citizenry. That, in turn, would have an adverse effect on the Nation's economic well being. As a result, the Government argues that Congress could rationally have concluded that §922(q) substantially affects interstate commerce.
We pause to consider the implications of the Government's arguments. The Government admits, under its "costs of crime" reasoning, that Congress could regulate not only all violent crime, but all activities that might lead to violent crime, regardless of how tenuously they relate to interstate commerce. See Tr. of Oral Arg. 8-9. Similarly, under the Government's "national productivity" reasoning, Congress could regulate any activity that it found was related to the economic productivity of individual citizens: family law (including marriage, divorce, and child custody), for example. Under the theories that the Government presents in support of §922(q), it is difficult to perceive any limitation on federal power, even in areas such as criminal law enforcement or education where States historically have been sovereign. Thus, if we were to accept the Government's arguments, we are hard pressed to posit any activity by an individual that Congress is without power to regulate.
I don't follow.
Whether or not hardcore conservatives or liberals like it, our government is built on compromise. No amount of whining from either side is ever going to change that. I know liberals cannot stomach the fact that Obama hasn't declared the Republican Party a hate group, but no matter how the other side acts, a good President acknowledges their existence and understand that big ideas have to go through both parties if anything is to come of them.
When we're talking about constitutionality, it's worthwhile to be clear what, exactly, we mean.It's says Congress has the ability to regulate intrastate activities that substantially effect interstate commerce.
Compromise for the sake of compromise is fucking stupid.
Compromise for the sake of allowing good policy to come from all parts of the ideological spectrum, now that's something worth striving for.
These are policies originating from conservatives:
Mandated private insurance with providers being unable to discriminate based on pre-existing conditions.
A medicare buy in.
Amnesty for those who serve, pursue an education, and/or have clean criminal records.
The 16th Amendment (Federal Income Tax), though this was originally an attempt at trolling.
Elimination of corn subsidies
Cap and trade
NASA, the EPA, and the FAA originated thanks to conservatives.
Okay, I'm satisfied. I wasn't arguing Congress could regulate education, but I wanted to see explicitly why they couldn't. I know I should've pushed harder against that guy saying the federal government can only provide money, but I didn't.it's important to understand "activity" means "economic activity," not like everything. Otherwise it could mean the Congress can regulate you jogging and breathing.
Intrastate commerce or activities. How is education an act of commerce? Let me quote the ruling:
Every single example involves money or goods.
Now note how they shoot down the gun = economic activity argument
This has two parts to support me. One is that they are shooting down your argument essentially that it's an economic activity if you stretch it out. They do that by saying the government's argument allows for regulation of everything that can ever relate to commerce in the most tenuous ways even when it directly isn't commerce.
The other is they literally state education is where States have been sovereign.
I'm saying that the modern test for what is allowable under the commerce clause, and thus economic activity, is set forth in Lopez and subsequently used in the Morrison and Raich cases that came later.
He was arguing Congress can only do what is specifically listed in the Constitution.
Tell him that by his logic, the Air Force is unconstitutional.
Couldn't Congress just make universal pre-K a precondition for federal funding? I.e.: if you don't have universal pre-K, there's a 25% malus on your funding. CA got almost $4 billion from the federal government in 2011 (source: https://www2.ed.gov/about/overview/budget/statetables/13stbystate.pdf), that's $1bn right there that they would lose.
I heard there was some ad or something that involved someone tethering new gun regulation into eventual mandatory Obummer gun collection.
Can someone help me out?
Okay, I'm satisfied. I wasn't arguing Congress could regulate education, but I wanted to see explicitly why they couldn't. I know I should've pushed harder against that guy saying the federal government can only provide money, but I didn't.
Couldn't Congress just make universal pre-K a precondition for federal funding? I.e.: if you don't have universal pre-K, there's a 25% malus on your funding. CA got almost $4 billion from the federal government in 2011 (source: https://www2.ed.gov/about/overview/b...3stbystate.pdf), that's $1bn right there that they would lose.
From what I understand, yes they could do this. Congress controls the pocketbook and can allocate funds however they want. They can't overtake a state's education system, but they can set the terms by which states can get federal funds to use toward their education systems.
There is a limit to it, though. They can't deny all education funding, for instance. How much they can deny no one really knows.
Absolutely no one who matters has proposed or has tried to tether the current gun control proposals to a plan to physically take people's guns. Show them this:
http://www.nytimes.com/interactive/2013/01/16/us/obama-gun-control-proposal.html
Absolutely nothing mentions taking guns away. There is no precedence to the "It leads to them taking our gunz" argument.
No, no, no...the thing I'm talking about was shown on msnbc this morning as I was getting ready for work.
The talking heads were debating the video but I wasn't sure if it was an ad or not and I didn't catch who was involved in the video.
Oh okay. I hate Morning Joe so I have no clue what you're talking about, then. I thought you were referring to mandatory buyback programs.
Yes!
That was it! The guy was referencing the mandatory buyback programs and somehow tethering that into Obummer sending the storm troopers for the guns.
I didn't say that Obama should compromise for the sake of compromise. I said that a President who presides over a divided Congress is going to have to suck up some shit if he wants to have some accomplishments. I know that historically many Republicans have supported huge infrastructure investments, I'm simply noting the obvious. I didn't say that Obama should just do what Republicans want just because, but a President is going to try to accomplish something. If a President in this situation doesn't give in to anything he's going to sit around doing jack shit for two years.
Modern Republicans are not the same party of Lincoln, Teddy Roosevelt, Eisenhower, or H. W. Bush. I know they're being obstructionist for the sake of being against Obama, but he still has to attempt to moderate his approach if he wants anything done.
Tell him that by his logic, the Air Force is unconstitutional.
He HAS given in. the Democrats HAVE given in.
hahahaha. Rubio. I can't stop LOLing. Made my fucking day. oh man
The Founding Fathers might have been a bunch of white racists by today's standard, but they had the foresight to realize the future wouldn't be like their present. That's pretty damn progressive and the reason we should celebrate them every waking day.
The fact is that the modern era is a world where big government is a necessity. Either you adapt to that or you delude yourself into thinking that its not. (Or you let corporations run the world because thats somehow better.)
I don't get how people can be such strict constructionists when the whole reason the Constituion has endured longer than any other in the world is because they left room to change and reinterpret it. The Founding Fathers might have been a bunch of white racists by today's standard, but they had the foresight to realize the future wouldn't be like their present. That's pretty damn progressive and the reason we should celebrate them every waking day.
Rubio was the perfect republican response.
"Government has a very VERY small role. I know I wouldn't have succeeded without Federal Aid for College, medicare for my older friends, welfare for the poor, social security for both. But the President really believes in big government!"
Again, I think Ronito called it in his good summary in of Rubio Rebottle:
Rubio specifically mentioned student loans, welfare, medicare, and social security.
He is probably lucky that everyone only remembers the drink of water because otherwise people might pick apart the hypocrisy of his 'small government' speech.