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To: Amendment10
it remains that the states have never amended the Constitution to regulate, tax and spend in the name of finding a solution for global warming.

There are all sorts of things not explicitly spelled out in the Constitution that the courts have held to be proper functions of the federal government. Besides that, certain clauses in the Constitution can be used in unexpected ways for justification.

You will notice that Obama has gone out of his way to tie "climate change" to military defense matters. That is one of the many ways to get out of Constitutional restrictions. In similar manner, the U.S. Interstate system started under Eisenhower used military preparedness as its justification. Anything from effects on interstate commerce, international trade and postal roads can be used as justification for something like climate change. Real treaties (not the bogus "agreements" that we tend to do these days) also have some real teeth if we actually ratify them.
20 posted on 12/02/2015 2:24:11 PM PST by Dr. Sivana (There is no salvation in politics)
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To: Dr. Sivana

Good points. Obamalama will likely divert military spending to “fight” GLOBAL WARMING.

BTW, please stop calling it CC.


21 posted on 12/02/2015 2:47:58 PM PST by subterfuge (TED CRUZ FOR POTUS!)
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To: Dr. Sivana; All
"There are all sorts of things not explicitly spelled out in the Constitution that the courts have held to be proper functions of the federal government."

If you have not already done so, please read Congresss constitutional Article I, Section 8-limited powers. Note that one of the only powers that the states have actually delegated to Congress to regulate an INTRAstate issue is to deliver the US Mail (1.8.7).

You can safely bet that mostly everything else that the corrupt feds are doing within a state, subsidising agriculture, Social Security, EPA as examples, is unconstitutional and be right most of the time.

THE CONSTITUTION

Otherwise, beware of activist judges and justices who ignore that the Constitution is amendable and put on their ”magic reading glasses” to read anything that they want to into the Constitution.

Thomas Jefferson had put it this way . . .

”The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.” - Thomas Jefferson to Spencer Roane, 1819.

And Jeffersons uncommon common sense remedy for interpreting the Constitution is this.

”In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids.” - Thomas Jefferson: The Anas, 1793.

Note that previous generations of state sovereignty-respecting justices have clarified that powers not clearly delegated by the states to the feds in the Constitution are prohibited to the feds.

”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” - United States v. Butler, 1936.

Also consider that regardless what Constitution-ignoring FDRs activist justices wanted everybody to believe about the scope of Congresss Commerce Clause powers (1.8.3) that a previous generation of state sovereignty-respecting justices had also clarified that the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate INTRAstate commerce.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” - Gibbons v. Ogden, 1824.

So it reasonably follows that the corrupt feds do not have the constitutional authority to regulate INTRAstate jobs any more than they have the power to regulate INTRAstate environmental protections.

Therefore Cruz arguably needs to lead Congress to petition the states for new amendments to the Constitution which would give the legislative and executive branches the power to address both INTRAstate jobs issues and INTRAstate environmental protection issues.

23 posted on 12/02/2015 3:36:19 PM PST by Amendment10
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