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	<title>Comments on: Enumerated Powers Act</title>
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		<title>By: RJ Sponsel</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-116824</link>
		<dc:creator>RJ Sponsel</dc:creator>
		<pubDate>Sat, 17 Mar 2007 17:41:38 +0000</pubDate>
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		<description>TEXT
	If it be asked, what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer. . .the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America. . .  If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.  (Federalist No. 57)--RJ&lt;a href=&quot;ASCII DOS TEXT&quot; rel=&quot;nofollow&quot;&gt;</description>
		<content:encoded><![CDATA[<p>TEXT<br />
	If it be asked, what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer. . .the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America. . .  If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.  (Federalist No. 57)--RJ<a href="ASCII DOS TEXT" rel="nofollow"></a></p>
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		<title>By: jpe</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115790</link>
		<dc:creator>jpe</dc:creator>
		<pubDate>Fri, 09 Mar 2007 22:32:16 +0000</pubDate>
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		<description>I&#039;ve noticed that bills that stretch the limits of enumerated powers tend to be those that contain that language (the recent and grossly unconstitutional hate crime bill, for instance).  If that&#039;s generally the case, the only thing the bill would do is get the acknowledgment of powers on bills that obviously are within Congress&#039;s power.</description>
		<content:encoded><![CDATA[<p>I've noticed that bills that stretch the limits of enumerated powers tend to be those that contain that language (the recent and grossly unconstitutional hate crime bill, for instance).  If that's generally the case, the only thing the bill would do is get the acknowledgment of powers on bills that obviously are within Congress's power.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115767</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Fri, 09 Mar 2007 20:38:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/03/enumerated_powers_act-2/#comment-115767</guid>
		<description>&lt;em&gt;I’m curious what “Constitutional authority” Shadagg would cite for this bill.&lt;/em&gt;

Article I, Section 5: &quot;Each House may determine the rules of its proceedings...&quot; would seem to cover it.

But, yes, you&#039;re right: Any subsequent law will generally obviate any previous law that it&#039;s in conflict with.  Legislatures can&#039;t bind their successors with mere legislation.  On the other hand, these kind of laws sometimes have their desired effect.  Gramm-Rudmann-Hollings forced several Congresses into budget cuts because they had been so public in touting the bill.  Ultimately, it died when it became untenable but it had its impact.</description>
		<content:encoded><![CDATA[<p><em>I&rsquo;m curious what “Constitutional authority” Shadagg would cite for this bill.</em></p>
<p>Article I, Section 5: "Each House may determine the rules of its proceedings..." would seem to cover it.</p>
<p>But, yes, you're right: Any subsequent law will generally obviate any previous law that it's in conflict with.  Legislatures can't bind their successors with mere legislation.  On the other hand, these kind of laws sometimes have their desired effect.  Gramm-Rudmann-Hollings forced several Congresses into budget cuts because they had been so public in touting the bill.  Ultimately, it died when it became untenable but it had its impact.</p>
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		<title>By: one bit shy</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115763</link>
		<dc:creator>one bit shy</dc:creator>
		<pubDate>Fri, 09 Mar 2007 20:12:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/03/enumerated_powers_act-2/#comment-115763</guid>
		<description>I&#039;m curious what &quot;Constitutional authority&quot; Shadagg would cite for this bill.

Suppose this were to pass into law.  What exactly do you suppose would happen if and when Congress passed a law that did not include said statement?  Would it not be deemed law even though it met all the criteria for law as described in the Constitution?</description>
		<content:encoded><![CDATA[<p>I'm curious what "Constitutional authority" Shadagg would cite for this bill.</p>
<p>Suppose this were to pass into law.  What exactly do you suppose would happen if and when Congress passed a law that did not include said statement?  Would it not be deemed law even though it met all the criteria for law as described in the Constitution?</p>
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		<title>By: Gollum</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115740</link>
		<dc:creator>Gollum</dc:creator>
		<pubDate>Fri, 09 Mar 2007 17:45:31 +0000</pubDate>
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		<description>James - I think you are exactly right, and more&#039;s the pity.  The real responsibility for policing Congress&#039; authority doesn&#039;t rest with Congress, however, it rests with the courts, who have so expanded the reach of the interstate commerce clause that there&#039;s practically nothing that wouldn&#039;t fit inside it anymore.  Shadegg&#039;s bill is interesting but, at the end of the day I think, of very little effect.</description>
		<content:encoded><![CDATA[<p>James - I think you are exactly right, and more's the pity.  The real responsibility for policing Congress' authority doesn't rest with Congress, however, it rests with the courts, who have so expanded the reach of the interstate commerce clause that there's practically nothing that wouldn't fit inside it anymore.  Shadegg's bill is interesting but, at the end of the day I think, of very little effect.</p>
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		<title>By: yetanotherjohn</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115736</link>
		<dc:creator>yetanotherjohn</dc:creator>
		<pubDate>Fri, 09 Mar 2007 17:36:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/03/enumerated_powers_act-2/#comment-115736</guid>
		<description>James,

I think you stopped reading to soon. Its not just all laws &quot;necessary and proper&quot;, but &quot;necessary and proper for carrying into execution the foregoing powers&quot;.

I suspect that in practice this would quickly devolve into an exercise in boilerplate, but it shouldn&#039;t do any harm and might do some good. It is also the kind of legislation that &quot;looks good&quot; for the minority to put forward. If they majority kills it in committee (most likely), they can campaign against the majority for being against something that appeals to their base and a sizable center. If it passes, it isn&#039;t likely to bite them in the butt.

I seem to remember a controversy on whether the common defense power could be used to justify the congress saying how many children people should have. It went something like you need an army for the common defense. To have an army, you need soldiers. So stating each woman should have a minimum of X children is merely ensuring that enough soldiers will be available. At least something like this would make them state their logic on how this is somehow the business of congress to get involved.

For those on the left, imagine the Terry Schiavo case playing out with this requirement.</description>
		<content:encoded><![CDATA[<p>James,</p>
<p>I think you stopped reading to soon. Its not just all laws "necessary and proper", but "necessary and proper for carrying into execution the foregoing powers".</p>
<p>I suspect that in practice this would quickly devolve into an exercise in boilerplate, but it shouldn't do any harm and might do some good. It is also the kind of legislation that "looks good" for the minority to put forward. If they majority kills it in committee (most likely), they can campaign against the majority for being against something that appeals to their base and a sizable center. If it passes, it isn't likely to bite them in the butt.</p>
<p>I seem to remember a controversy on whether the common defense power could be used to justify the congress saying how many children people should have. It went something like you need an army for the common defense. To have an army, you need soldiers. So stating each woman should have a minimum of X children is merely ensuring that enough soldiers will be available. At least something like this would make them state their logic on how this is somehow the business of congress to get involved.</p>
<p>For those on the left, imagine the Terry Schiavo case playing out with this requirement.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115730</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Fri, 09 Mar 2007 17:14:25 +0000</pubDate>
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		<description>Well, Article I provides very detailed enumeration of legislative powers whereas Article II is very vague. 

The president is given the power as commander-in-chief, to make various appointments, to demand answers from department heads, and to negotiate treaties.  He&#039;s also given, though, what some (including George Washington) say is a blanket authority through its opening phrase, &quot;The executive Power shall be vested in a President of the United States of America.&quot;

&lt;a href=&quot;http://caselaw.lp.findlaw.com/data/constitution/article02/01.html#1&quot; rel=&quot;nofollow&quot;&gt;FindLaw&lt;/a&gt; has a superb and detailed discussion.</description>
		<content:encoded><![CDATA[<p>Well, Article I provides very detailed enumeration of legislative powers whereas Article II is very vague. </p>
<p>The president is given the power as commander-in-chief, to make various appointments, to demand answers from department heads, and to negotiate treaties.  He's also given, though, what some (including George Washington) say is a blanket authority through its opening phrase, "The executive Power shall be vested in a President of the United States of America."</p>
<p><a href="http://caselaw.lp.findlaw.com/data/constitution/article02/01.html#1" rel="nofollow">FindLaw</a> has a superb and detailed discussion.</p>
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		<title>By: The Liberty Papers</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115723</link>
		<dc:creator>The Liberty Papers</dc:creator>
		<pubDate>Fri, 09 Mar 2007 16:11:57 +0000</pubDate>
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		<description>&lt;strong&gt;John Shadegg&#8217;s Enumerated Powers Act...&lt;/strong&gt;

Congressman John Shadegg, who I wrote about here and here during last year&#8217;s race to replace Dick Armey as House Majority Leacder, has proposed an interesting new bill called the Enumerated Powers Act:
Yesterday, Congressman John Shadegg reintrod...</description>
		<content:encoded><![CDATA[<p><strong>John Shadegg&#8217;s Enumerated Powers Act...</strong></p>
<p>Congressman John Shadegg, who I wrote about here and here during last year&#8217;s race to replace Dick Armey as House Majority Leacder, has proposed an interesting new bill called the Enumerated Powers Act:<br />
Yesterday, Congressman John Shadegg reintrod...</p>
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		<title>By: legion</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-115721</link>
		<dc:creator>legion</dc:creator>
		<pubDate>Fri, 09 Mar 2007 16:09:04 +0000</pubDate>
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		<description>Now, if only there was something similar describing the powers and limitations of the &lt;em&gt;Executive &lt;/em&gt;Branch...

Oh wait...</description>
		<content:encoded><![CDATA[<p>Now, if only there was something similar describing the powers and limitations of the <em>Executive </em>Branch...</p>
<p>Oh wait...</p>
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		<title>By:  » OTB News</title>
		<link>http://www.outsidethebeltway.com/archives/enumerated_powers_act-2/comment-page-1/#comment-133343</link>
		<dc:creator> » OTB News</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
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		<description>&lt;!--%kramer-pre%--&gt;Former McCain Chair Peter King Endorses Rudy Giuliani Rolling Back Rumsfeld’s Private Intelligence Service Fred Thompson for President? What American Idol Tells Us about the American Electorate David Obey Lies to Catch the Leakers Enumerated Powers Act The Council Has Spoken! Abolishing The House of Lords Quote of the Day Bipartisan Hypocrisy  [IMG OTB Sports]  USC’s Aryan Brotherhood Your Team May Have Problems When… Ugly NHL Red Sox Closer Update&lt;!--%kramer-post%--&gt;</description>
		<content:encoded><![CDATA[<p><!--%kramer-pre%-->Former McCain Chair Peter King Endorses Rudy Giuliani Rolling Back Rumsfeld&rsquo;s Private Intelligence Service Fred Thompson for President? What American Idol Tells Us about the American Electorate David Obey Lies to Catch the Leakers Enumerated Powers Act The Council Has Spoken! Abolishing The House of Lords Quote of the Day Bipartisan Hypocrisy  [IMG OTB Sports]  USC&rsquo;s Aryan Brotherhood Your Team May Have Problems When… Ugly NHL Red Sox Closer Update<!--%kramer-post%--></p>
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