Scrap the Constitution?
I agree, the Civil War, which was anything but, was the deciding factor at the time in the argument between state's rights and the federal government's rights towards their citizens. The constitution was a good idea, but was never really followed as it was supposed to be, it was followed basically as a guideline, and therefore the government and politicians pass laws all the time that are unconstitutional, but oddly enough use it to justify the striking down of laws they find unacceptable, or duties that they would have to do, such as Bush refusing to use the government in issues involving global warming since he stated that the government would not be within it's rights to take action, which is in itself a joke considering the amount of political atrocities committed by him and plenty of past regimes.
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Should the will of the people override the constitution?
It really depends on which state, in Texas we can override it to the point of dissolving it writing a completely new one if the people of Texas want to. I don't know about California though, but I would not doubt that they can over rule it if it is their will.
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Constitutionally, should it be legitimate for American states to secede?
I believe that the textualist approach to the Constitution would have to permit secession, because there's no expressed prohibition against it. I wouldn't want to see Alaska unilaterally secede, but I wouldn't mind a partition of union in general.
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Is Government Mandated Health Care Constitutional?
Thanks Joe - I have read that one before, before I respond, can we agree to keep this thread on topic? We both seem to have a bad habit of straying off the item being discussed.
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Pay Czar To Limit Corporate Pay- Constitutional?
The government can set up the terms an conditions of taking the bailout monies. If the companies agree to them, I do not see how that is unconstitutional.
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