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	<title>Comments on: Constitutional Law Not One of Sen. Hatch&#8217;s Better Subjects</title>
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		<title>By: JFM</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-249300</link>
		<dc:creator>JFM</dc:creator>
		<pubDate>Mon, 27 Apr 2009 14:42:58 +0000</pubDate>
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		<description>David said:

&lt;i&gt;The idea of a living breathing documents sounds good. After all, there were no internet in 1776.&lt;/i&gt;

Remember the first sentence? &quot;We, the &lt;b&gt;people&lt;/b&gt; of the United States.. do order and establish this Constitution for the United States of America&quot;.  And the means that what the people established should only be amended by he people and it is not a a dime a dozen judge to remake it.  It is called democracy aka government of the people and it also about rule of law ie judges must rule according to the law not according to their arbitrary sympathies.</description>
		<content:encoded><![CDATA[<p>David said:</p>
<p><i>The idea of a living breathing documents sounds good. After all, there were no internet in 1776.</i></p>
<p>Remember the first sentence? &#8220;We, the <b>people</b> of the United States.. do order and establish this Constitution for the United States of America&#8221;.  And the means that what the people established should only be amended by he people and it is not a a dime a dozen judge to remake it.  It is called democracy aka government of the people and it also about rule of law ie judges must rule according to the law not according to their arbitrary sympathies.</p>
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		<title>By: David</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-248723</link>
		<dc:creator>David</dc:creator>
		<pubDate>Sun, 26 Apr 2009 07:28:27 +0000</pubDate>
		<guid isPermaLink="false">http://pajamasmedia.com/?p=53888#comment-248723</guid>
		<description>Assuming all is not lost already,  I propose this amendment to the constitution:
The following two clauses are hereby redacted:
&quot;congress has the power to regulate interstate commerce&quot;
&quot;may pass any necessary and proper law&quot;

If these two clauses go, so does the right of half of the federal government to exist.  Interpretation of these clauses has allowed massive growth and oversight of activities which are supposed to be regulated at the state level.

Let&#039;s say you own a farm in Kansas, and you grow wheat, but only feed your family and livestock with it.  Despite the fact that none of the wheat crosses state lines, it still counts as a federal level activity.  

Why? The supreme court has interpreted that since you didn&#039;t buy the wheat from the national market, you affected wheat sales &quot;beyond state borders&quot;, and therefore your local growing has national impact.  So, that being the case, you fall under federal jurisdiction.  

Why do this?  Because it allows and end run on the constitutional amendment about &quot;all other powers are vested with the states&quot;.

As more and more activities fall under federal authority, the balance of power shifts away from states, and we essentially have one big federal state with 50 state-sized counties.

If we removed the authority of congress over interstate commerce, many of these agencies would lose their authority and power over our everyday lives would shift back to the state level - where it belongs.</description>
		<content:encoded><![CDATA[<p>Assuming all is not lost already,  I propose this amendment to the constitution:<br />
The following two clauses are hereby redacted:<br />
&#8220;congress has the power to regulate interstate commerce&#8221;<br />
&#8220;may pass any necessary and proper law&#8221;</p>
<p>If these two clauses go, so does the right of half of the federal government to exist.  Interpretation of these clauses has allowed massive growth and oversight of activities which are supposed to be regulated at the state level.</p>
<p>Let&#8217;s say you own a farm in Kansas, and you grow wheat, but only feed your family and livestock with it.  Despite the fact that none of the wheat crosses state lines, it still counts as a federal level activity.  </p>
<p>Why? The supreme court has interpreted that since you didn&#8217;t buy the wheat from the national market, you affected wheat sales &#8220;beyond state borders&#8221;, and therefore your local growing has national impact.  So, that being the case, you fall under federal jurisdiction.  </p>
<p>Why do this?  Because it allows and end run on the constitutional amendment about &#8220;all other powers are vested with the states&#8221;.</p>
<p>As more and more activities fall under federal authority, the balance of power shifts away from states, and we essentially have one big federal state with 50 state-sized counties.</p>
<p>If we removed the authority of congress over interstate commerce, many of these agencies would lose their authority and power over our everyday lives would shift back to the state level &#8211; where it belongs.</p>
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		<title>By: David</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-248717</link>
		<dc:creator>David</dc:creator>
		<pubDate>Sun, 26 Apr 2009 06:56:24 +0000</pubDate>
		<guid isPermaLink="false">http://pajamasmedia.com/?p=53888#comment-248717</guid>
		<description>The idea of a living breathing documents sounds good.  After all, there were no internet in 1776.  However, a little flexibility in interpretation begins the slippery slope towards whatever convoluted conclusion you want to make.

Normally, the court tosses out laws that go against the constitution, but that has not been the case lately.  Once the supreme court (a conservative supreme court I might add) is infected with this disease (and it has), we are lost.  How can you steer back to sanity when the when the steering wheel breaks off in your hands?</description>
		<content:encoded><![CDATA[<p>The idea of a living breathing documents sounds good.  After all, there were no internet in 1776.  However, a little flexibility in interpretation begins the slippery slope towards whatever convoluted conclusion you want to make.</p>
<p>Normally, the court tosses out laws that go against the constitution, but that has not been the case lately.  Once the supreme court (a conservative supreme court I might add) is infected with this disease (and it has), we are lost.  How can you steer back to sanity when the when the steering wheel breaks off in your hands?</p>
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		<title>By: SteveB/Colorado</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-248632</link>
		<dc:creator>SteveB/Colorado</dc:creator>
		<pubDate>Sun, 26 Apr 2009 00:01:57 +0000</pubDate>
		<guid isPermaLink="false">http://pajamasmedia.com/?p=53888#comment-248632</guid>
		<description>#13  Patrick: &quot;the republican base is sick of the likes of him and John McCain.&quot;  Hopefully, you&#039;re not referring to the base that wants to change the USA into a theocracy (base also known as the religious right).</description>
		<content:encoded><![CDATA[<p>#13  Patrick: &#8220;the republican base is sick of the likes of him and John McCain.&#8221;  Hopefully, you&#8217;re not referring to the base that wants to change the USA into a theocracy (base also known as the religious right).</p>
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		<title>By: PatrickB</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247674</link>
		<dc:creator>PatrickB</dc:creator>
		<pubDate>Fri, 24 Apr 2009 04:23:13 +0000</pubDate>
		<guid isPermaLink="false">http://pajamasmedia.com/?p=53888#comment-247674</guid>
		<description>The bad news is Hatch is a constitutional dummy in the mold of John McCain. The good news is the Republican base is sick of the likes of him and John McCain. I say blessed be 2010, Let the blood flow.</description>
		<content:encoded><![CDATA[<p>The bad news is Hatch is a constitutional dummy in the mold of John McCain. The good news is the Republican base is sick of the likes of him and John McCain. I say blessed be 2010, Let the blood flow.</p>
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		<title>By: EdGi</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247571</link>
		<dc:creator>EdGi</dc:creator>
		<pubDate>Thu, 23 Apr 2009 22:43:25 +0000</pubDate>
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		<description>Duh, Hatch and the GOP are selfdestructively dumb; the Dems know that if &quot;state&quot; is defined this way for a voting house district, they will get 2 senators inevitably when they sue. The GOP leadership are beltway fraternity idiots. Worse, that fool Hatch thinks he gets an extra vote for Utah, a vote which would not survive the 2020 census. Idiot.</description>
		<content:encoded><![CDATA[<p>Duh, Hatch and the GOP are selfdestructively dumb; the Dems know that if &#8220;state&#8221; is defined this way for a voting house district, they will get 2 senators inevitably when they sue. The GOP leadership are beltway fraternity idiots. Worse, that fool Hatch thinks he gets an extra vote for Utah, a vote which would not survive the 2020 census. Idiot.</p>
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		<title>By: Robert Hurley</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247529</link>
		<dc:creator>Robert Hurley</dc:creator>
		<pubDate>Thu, 23 Apr 2009 20:49:04 +0000</pubDate>
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		<description>Obviously the learned professor has alzhiemer disease.  It happens as people age.  Let see if he were 40 in 1961, that would make him 87 today.  A pitty, he once had such a sharp mind</description>
		<content:encoded><![CDATA[<p>Obviously the learned professor has alzhiemer disease.  It happens as people age.  Let see if he were 40 in 1961, that would make him 87 today.  A pitty, he once had such a sharp mind</p>
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		<title>By: Bob</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247440</link>
		<dc:creator>Bob</dc:creator>
		<pubDate>Thu, 23 Apr 2009 17:44:52 +0000</pubDate>
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		<description>Alice Through the Looking Glass (revisited with apologies to Lewis Carroll):

 &#039;When I use a word,&#039; Orin Hatch said, in a rather scornful tone,&#039; it means just what I choose it to mean, neither more nor less.&#039;

&#039;The question is,&#039; said Alice, &#039;whether you can make words mean so many different things - especially the same word in two parts of the same document.&#039;

&#039;The question is,&#039; said Senator Hatch, &#039;which is to be master - that&#039;s all.&#039;</description>
		<content:encoded><![CDATA[<p>Alice Through the Looking Glass (revisited with apologies to Lewis Carroll):</p>
<p> &#8216;When I use a word,&#8217; Orin Hatch said, in a rather scornful tone,&#8217; it means just what I choose it to mean, neither more nor less.&#8217;</p>
<p>&#8216;The question is,&#8217; said Alice, &#8216;whether you can make words mean so many different things &#8211; especially the same word in two parts of the same document.&#8217;</p>
<p>&#8216;The question is,&#8217; said Senator Hatch, &#8216;which is to be master &#8211; that&#8217;s all.&#8217;</p>
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		<title>By: Roark</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247397</link>
		<dc:creator>Roark</dc:creator>
		<pubDate>Thu, 23 Apr 2009 16:24:21 +0000</pubDate>
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		<description>Hatch is a threat to the US Constitution because he does not understand it, or obey it. Utah, please PLEASE vote him out of office.</description>
		<content:encoded><![CDATA[<p>Hatch is a threat to the US Constitution because he does not understand it, or obey it. Utah, please PLEASE vote him out of office.</p>
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		<title>By: BigDave</title>
		<link>http://pjmedia.com/blog/constitutional-law-not-one-of-sen-hatchs-better-subjects/#comment-247360</link>
		<dc:creator>BigDave</dc:creator>
		<pubDate>Thu, 23 Apr 2009 15:42:36 +0000</pubDate>
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		<description>Y&#039;all think you have it bad. I LIVE in Utah. Sheesh... first my supposed republican governor gets all wishy-washy (the man was booed during our tea party), now my stinkin&#039; senator as well. Can&#039;t wait till the next election cycle.</description>
		<content:encoded><![CDATA[<p>Y&#8217;all think you have it bad. I LIVE in Utah. Sheesh&#8230; first my supposed republican governor gets all wishy-washy (the man was booed during our tea party), now my stinkin&#8217; senator as well. Can&#8217;t wait till the next election cycle.</p>
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