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"punishing the rich"

2

Comments

  • ah yes Judicial Review. admittedly that was a nice play there but you have to understand that this is to decide if a law or act is constitutional based on what is written not based on the times. If a change is nessecary it will happen. It's happened eighteen times and strict constitutionalism is further backed up by the ninth and tenth amendments.
  • Creature - Florida Dragon Turtle Human
    You're still failing to define the term "necessary".  In what context do you consider something "necessary" or "unnecessary"?

    Also, between Plessy v. Ferguson and Brown v. Board of Education, who's right?
  • i'll need to examine thosxe cases again it's beeen a looooooong time since I took those classes. and unnessecary is the federal government doing anything that isn't strictly allowed to them in the Constitution or doing somthing that is strictly prohibited to them by it. The stat governments messing with any amendments tot he constitution or their individual state constitutions. If you want somthing so badly get an amendment that allows the government to do it.
  • Creature - Florida Dragon Turtle Human
    Well, sounds a bit circular, doesn't it?  You're saying that the Constitution doesn't explicitly mandate it because it's not necessary, then you're saying that something isn't necessary because the Constitution doesn't explicitly mandate it.

    Also, the Constitution aims to "promote the general welfare".
  • edited 2011-05-20 18:40:37
    Yes "general" welfare meaning everybody has to gain from services granted not like in the modern "welfare" state where programs favor certain demographics. Also as far as Brown fairly straightforward.

    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;  in essence good call. though i'll have to look at context and meaning of the words in 1868. and from my current understanding the other case is a good call under that clause as well but again i'll have to check specific meaning.

    Also i'm saying that if it is ever deamed nessecary it will make its way in to the constitution via the amendment process outlined in Article V


  • Creature - Florida Dragon Turtle Human
    > everybody has to gain from services granted

    This is pretty subjective, not to mention that it's easy for someone to state (whether truthful or not) that they don't gain.

    > not like in the modern "welfare" state where programs favor certain demographics.

    Not everyone will gain equally from anything.  Y'know, maintaining the stretch of I-84 near where I live is not going to benefit anyone living in Thermopolis, Wyoming.  It's also not going to benefit those people who live around here but don't use cars.  Or those people who live around here, use cars, but don't use limited-access expressways.
  • as for the guy living or not living in the area or not driving they still gain as the roads provide venues for delivery and transport of services such as hospitals and postal service.
  • Creature - Florida Dragon Turtle Human
    Well, if you're going to go past immediate effects and look deeper, then one could argue the same about--

    ...well, why don't you name a program that you say is a "modern 'welfare' state [program that] favor certain demographics".
  • corpret welfare, bailouts, subsidies, affirmative action, federal regulatory agencies (who cosntantly overstep their boundries and end up passing favorable legislation for special interest groups). the current "welfare" system which again only provides aid and money that eveyrone pays in to a specific portion of the population.
  • GMH must have a lot of patience.
  • edited 2011-05-20 19:37:49
    Oh right sorry brain fart there.

    Also people keep using roads as an argument without understanding that they are specifically covered in Article 1 Section 8 Clause 7
  • Creature - Florida Dragon Turtle Human
    Hey, it takes a while.  Not to mention that this is pretty good messaging practice, being forced to break everything down to basics and then explain everything back up, and doing so in a way that still gets a point across.

    > corpret corporate welfare, bailouts

    Helping out certain companies can prevent or minimize their layoffs when they're doing poorly, and help it retain its employees, who themselves have lives and will spend money in their livelihoods, more money than they would if they didn't have a job, which will in turn keep the local economy moving.  And on top of retaining jobs, also allow the company to continue its operations, including such things as material purchases for its products/services and capital maintenance/replacement.

    > subsidies

    The above paragraph applies to subsidies to companies.

    Subsidies to other organizations can be similar explained.
    * schools: increase education level, which benefits both the nation's economy as a whole as well as the aspirations of local residents, decreasing crime as people have more to hope for in their lives and their children
    * higher education: decrease brain drain, attract talent, help create high-paying jobs (which will generate more income taxes), attract investment in community, and those upper-middle-class people who are scientists and scholars are likely to seek wealthier lifestyles, creating local demand for more goods and services (especially luxury goods), causing people and companies to invest in businesses in the area; also,
    * law enforcement: decreasing crime rate will make a neighborhood more stable and attractive to businesses as well as more affluent potential residents
    * local governments: see above reasons for schools and law enforcement, as well as other large infrastructure projects; development of utility lines (electricity/water/gas/etc.) requires capital investment to encourage businesses and developers from other places to invest in and build up the locales, benefitting the town and the businesses from elsewhere.  Not to mention that it's in any state and country's interest to fix blighted neighborhoods, by a combination of increased law enforcement, taking down old blighted buildings, building new residential neighborhoods, and more.
    * need any more examples?

    > affirmative action

    Based on the assumption that certain minorities are disproportionately disadvantaged, and also noting that various minority groups are more likely to be found living in or near poverty and in less preferable neighborhoods, this is supposed to help even the playing field for them and ensure them economic opportunities that will aid in community improvements across the country, albeit most notably in cities.  And then take the reasoning above, that no state or country likes to show off its poor people.

    > federal regulatory agencies

    These are to set rules on how commerce works.  For example, it says that food has to be up to a certain standard of cleanness.  If people don't have to worry about their food being unclean and constantly waste their own time and money checking it out, or if people don't have to waste time and money (and lives!) dealing with food-borne illnesses, this makes people have more time to devote to living productive lives, including more opportunities for personal economic advancement--which in turn, due to their consumer spending and to income taxes, generates more wealth for the state and nation as a whole.  For an environmental protection example: It's better to tell people that they can each catch only so many fish than to let people fish everything willy-nilly and then come back next year to find no more fish, and it's better to tell someone not to pollute a lake than to have a lake that no one can fish from and that's a gigantic cesspool.  Remember that many environmental features are prized for their ability to keep out dust, clean out pollution, block out noise, and provide arable land...which can go on to feed many people in faraway places.  And this is on top of the tourism revenue that is provided by people who want to see environmental features.

    ----

    Of course, whether any of these actually have these beneficial effects is up to debate.  Just like whether some guy from Thermopolis will ever benefit from I-84 Connecticut exit 62 being maintained well is up to debate.  Not saying that all of them are equally good or bad; just saying that they are equally subject to being up to debate.  That said, affirmative action is probably the iffiest one of them all.

    However, you should know these things:

    1.
    > only provides aid and money
    Of the five categories you gave, only corporate welfare, bailouts, and subsidies are in the form of payments.

    2.
    > special interest groups
    Once you start learning about politics, you will realize that everyone is a special interest group.  In other words, the term "special interest group" is...pretty much a meaningless term used by people all over the place to criticize people, actions, programs, and ideas they don't like.

    3. Sometimes, people's liberties come into conflict.  If you are a policymaker (and this includes judges who have to decide how law is interpreted when it is vaguely written), you are forced to decide who gets to do stuff and who doesn't.  You can talk about liberty and how great it is all you want, but if you're given the situation to deal with, and your job is to govern the town/city/county/state/country...well, you will have to make some tough choices, because things don't work in real life like you might think they do in philosophical rambling.
  • the problem with affirmative action isthat it seems to increase tention and violates the principle orf voluntaryism many regulations are put in place to favor certain groups or collectives and end up increasing work related issues because of the regulation placing strain on small business3es especially. Subsidies and bailouts only serve to keep inefficent businesses and companies afloat and removes the consequences for fucking up.  Honestly I can't stand any orginization they're too big and collectives are dangeorus.
  • Creature - Florida Dragon Turtle Human
    > Honestly I can't stand any orginization they're too big and collectives are dangeorus.

    I thought I already showed you that collectives can be voluntarily created by perfectly nice people already.  It's vertical collectivism that you don't like; horizontal collectivism is totally fine.

    That said, as I noted, affirmative action is probably the most controversial of the items you mentioned.

    However, the problem is NOT that it "violates the principle of voluntaryism"; it's that some people feel that it makes employers prioritize race/ethnicity over skill.  That said, this is a complicated issue, when you're sorting out why a group of people is poor.

    > many regulations are put in place to favor certain groups

    Someone always benefits (at least in the short term) from any particular piece of legislation.  Just because something favors a certain group does not mean that it is a bad or good idea.

    > or collectives

    What do collectives have to do with this?  And why do you specially mention collectives?  It seems that you're just oversensitive to the term.  And a few other things.

    > increasing work related issues because of the regulation placing strain on small business3es especially.

    Actually, there are a lot of small business exemptions and assistance programs for employer mandates and business regulations.

    > Subsidies and bailouts only serve to keep inefficent businesses and
    companies afloat and removes the consequences for fucking up.

    This is definitely a danger of subsidies and bailouts.  I totally agree that things like the bailout of AIG had the result of removing consequences for fucking up from the mindset of some of these businesspeople.  However, to their credit, the U.S. government did let Lehman Brothers crash and burn--something businesspeople really weren't expecting.  That should teach them a lesson for starters, though I am not sure the lesson was enough.  I would like to see those who champion the free market so ardently and so stridently rail against government regulations also die by the free market when it leads them to their doom.  That said, that's another issue altogether.  However, keep in mind that doing badly in business is not always the result of the company itself "fucking up", but may be due to completely out-of-their-control factors.

    On the other hand, bailouts may be beneficial to society as a whole when the bad thing (allowing people to get off scot-free for fucking up) is outweighed by good things (keeping people who aren't at fault employed, keeping money in people's pockets for them to spend and help keep a local or national economy running, or keeping certain companies afloat for international reasons).  Subsidies may also be beneficial by helping to promote business decisions that, while beneficial in the long term, may be seen as detrimental in the short term.

    ...and could you please learn to use punctuation?
  • "...and could you please learn to use punctuation?"

    OH BURNNN
  • Creature - Florida Dragon Turtle Human
    I'd just like to summarize this, since I have to run off to dinner.

    If you're just going to simply distrust any "government" and its actions, then so be it.  It would be nice if we each lived in our own worlds, and I could tell you, you live like that, and you deal with the consequences of things that don't work out when you don't have a government managing them.

    However, unfortunately, we're forced to share this one world, this one country, for better or for worse, and we should all be prepared for our ideas to get outvoted by someone else.
  • edited 2011-05-21 09:59:38
    yes the problem with them is that they pretend to support the free market when they actually support favorable government intervention.  Bailouts and such keeping them afloat. The way to get them to burn for their fuck ups is to get the government hands out of their asses.

    also Article 1 Section 8 Clause 1 with relevent parts bolded.

    Clause 1: The Congress shall have Power To lay and
    collect Taxes, Duties, Imposts and Excises, to pay the Debts and
    provide for the common Defence and general Welfare of the United
    States; but all Duties, Imposts and Excises shall be uniform
    throughout the United States;


  • As a petty and vindictive person, I have to take extra steps not to appear petty and vindictive.
    The 'general welfare' bit stipulates that Congress shall have power to collect taxes to provide for the general welfare (The specific powers of congress are laid out elsewhere, as this clause is only about taxes.) The 'uniform' clause has never been construed to mean anything other than that federal taxes are uniform between states, e.g., you pay the same income tax or any other federal tax whether you live in Alabama or Alaska. It's never been construed as stipulating that everyone pays the same amount of taxes or the same rate, as that is effectively impossible. Isn't an import duty on aluminium, for example, punishing to people who drink soda from cans and subsidising to people who drink it from bottles?
  • Creature - Florida Dragon Turtle Human
    @BonSequitur: I don't think tnu1138 realizes that he's basically going against decades, if not centuries, worth of jurisprudence on these issues.
  • I must concede Bon. The only question left in my mind is if it's supposed meaning is the actual meaning based on a Plain Text reading of the Constitution.
  • As a petty and vindictive person, I have to take extra steps not to appear petty and vindictive.
    There's no 'plain text' reading. The US Constitution, like any complex legal document, contains ambiguities of language that can only be resolved by an understanding of context, intent, and jurisprudence.
  • trust me that just opens a whole cfan of worms that i'm not willing to open. a Doccument that means anytthing means nothing. I don't trust Living Text or Original Intent. Plain Text is simple logic. I think James Madison said it best

    • … I entirely concur in the
      propriety of resorting to the sense in which the Constitution was
      accepted and ratified by the nation. In that sense alone it is the
      legitimate Constitution. And if that be not the guide in expounding it,
      there can be no security for a consistent and stable, more than for a
      faithful exercise of its powers. If the meaning of the text be sought in
      the changeable meaning of the words composing it, it is evident that
      the shape and attributes of the Government must partake of the changes
      to which the words and phrases of all living languages are constantly
      subject. What a metamorphosis would be produced in the code of law if
      all its ancient phraseology were to be taken in its modern sense!


  • edited 2011-05-21 22:33:41
    Creature - Florida Dragon Turtle Human
    > I must concede Bon. The only question left in my mind is if it's
    supposed meaning is the actual meaning based on a Plain Text reading of
    the Constitution.

    The problem is that you assume that a plain text reading of the Constitution will definitely contain the information you need to govern any and every situation that will ever come up.

    It doesn't.
  • if it's not in the Constitution the government has no power over it. if they want the power they seek to have it amended as outlined in Article V. You think like a nationalist and that scares me.
  • edited 2011-05-21 22:39:25
    As a petty and vindictive person, I have to take extra steps not to appear petty and vindictive.
    Well, no text means anything, really, without context. The 'simple logic' of strict constructionists and such is merely just a pretence that their biases are present in the 'plain text' of the document. James Madison there seems to be arguing for a contextual approach, by the way; after all, a 'plain' reading wouldn't take into account differences of meaning or intent that the framers might have rad relative to contemporary readers, now would it?

    Besides, within the lifetime of the framers of the constitution, the US government was doing things that aren't specifically enumerated in the constitution anyway. Like, for example, incurring a national debt; nowhere in the constitution does it say that Congress can borrow money at all, until the fourteenth amendment made it official mostly to stipulate that the debt incurred by the Confederacy wasn't going to be paid back by the US.
  • Exactly the living text argument doesn't work for this very reason it creates a situation where the constitution can mean whatever the legislaters and the state want it ot mean. Also I htink you misunderstand the difference between Original Intent and Plain Text. Original Intent is trying to establish what the founders intended when the flaws in that are that there were many founders with different intentions. Plain text is looking strictly at what the words and passages meant at the time of ratification by using the dictionary of the time and the context in which the words were used. The founders did however know the Constitution would have to be changed over time and thus the process for doing so was outlined in Article V.
  • Creature - Florida Dragon Turtle Human
    > if it's not in the Constitution the government has no power over it. if
    they want the power they seek to have it amended as outlined in Article
    V. You think like a nationalist and that scares me.

    Well, by your logic, that means that the federal government can regulate anything that counts as business that crosses state lines.

    That's just one example of where things are vaguely worded.

    You cannot simply hold onto your ideal of "only do what the Constitution says" when it is not clear what the Constitution says.  Or when doing literally what the Constitution says becomes silly.
  • actually you are making the mistake of using a Living Text understanding of regulate at the time of ratificaiton of the commerce clause regulate meant "to make regular" as in you couldn't ban interstate commerce or have separate state currencies.
  • edited 2011-05-21 22:50:08
    As a petty and vindictive person, I have to take extra steps not to appear petty and vindictive.
    But words can have multiple meanings, and even if you pin down the meaning of every statement, the text itself doesn't stipulate a lot of things. Besides, you have phrases like 'general welfare' that pretty clearly are meant as blanket clauses to let Congress act as necessary. It should be noted that, again, Congress was doing things that aren't specifically enumerated powers pretty much from day one; the idea that the only things Congress can do are the very narrowly interpreted, specific listed powers given in the Constitution only makes sense if you take the position that the very first few sessions of Congress, which contained many or most framers in their midst, were interpreting the constitution wrong.
  • I'd have to say that they were if they were going on a loose interpretation. Th at is a big government nationalist outlook that threatens our individual rights.
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