Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Amendment10
Election of conservatives is necessary, but far from sufficient.

For instance, the 17th Amendment changed the fundamental nature of our previously federal government. We can thank it for making possible the seating of anti-10th Amendment judges to the federal bench.

19 posted on 07/24/2013 2:44:23 PM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
[ Post Reply | Private Reply | To 17 | View Replies ]


To: Jacquerie; All
For instance, the 17th Amendment changed the fundamental nature of our previously federal government.

Thanks for replying Jacquerie. I'm going to make a note about Congress's limited power to lay taxes and then a brief word about 17A.

Regarding Congress's limited power to lay taxes, given the remote possibilty that you aren't aware of the following, please take note. Justice John Marshall had officially clariified that Congress is prohibited from laying taxes in the name of state power issues, essentially any issue which Congress cannot justify under its constitutional Section 8, Article I-limited powers.

"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." --Justice John Marshall, Gibbons v. Ogden, 1824.

Regarding the 17th Amendment (17A), I used to beat the drum for the repeal of 17A and would still support its repeal.

However...

Since I now know about Justice Marshall's clarification of Congress's limited power to lay taxes, 17A doesn't matter imo. This is because federal lawmakers take an oath to protect and defend the Constitution. That oath includes respecting Justice Marshall's clarification of Congress's limited power to lay taxes imo, 17A or no 17A. So Congress can go ahead and lay direct taxes as long as the federal budget doesn't include federal taxing and speniding programs beyond the scope of what Congress can justify under Section 8 and other miscellaneous things in the Constitution that Congress must spend money for.

30 posted on 07/24/2013 3:41:13 PM PDT by Amendment10
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson