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The Founding Fathers on the GOP's Anti-Constitutional "Repeal Amendment"

By       Message Michael Reed     Permalink
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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;

Let's look at how Article 1. Section 8 might look after a "provision of law" was repealed from it.

Article 1, Section8. (After provision repeal)

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

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Doesn't quite sound like the Founders anymore, does it? The GOP hates the way Madison finished Article 1, Section 8, too.

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The language of Article 1. Section 8, makes it sound like the National government has the power to make all laws that are necessary to "provide for the general Welfare of the United States' citizenry.

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And then there's the second clause of Article VI.

From Article VI

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing.

That clause gives conservative, states rights advocates, the eebie jeebies too. So much so, that I think that Article VI might look like this, after repeal.

From Article VI (After provision repeal)

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

That, is some serious "veto" power. But it's not just veto power, like the President has. The President has the authority to veto new legistation that comes to his desk to be "signed into Law". This veto power, according to the Repeal Amendment's current language, would give "the several States" line item, retroactive veto power of every Federal Law on the books, including the Constitution, the Bill of Rights, and the other 17 Amendments. Isn't, say, the 14th Amendment a "provision of law"?

This is a very slippery slope America.

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"Man is a Religious Animal. He is the only Religious Animal. He is the only animal that has the True Religion - several of them. He is the only animal that loves his neighbor as himself and cuts his throat if his theology isn't straight. He has made (more...)
 

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