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	<title>Comments on: President&#8217;s Day &#8212; Grover Cleveland (BUMPED)</title>
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	<link>http://www.threedonia.com/archives/3360</link>
	<description>These are our principles.  If you don&#039;t like them, we have others...</description>
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		<title>By: Marty</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46687</link>
		<dc:creator>Marty</dc:creator>
		<pubDate>Tue, 08 Sep 2009 20:18:36 +0000</pubDate>
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		<description>Similarly---Jefferson agonized over whether the Constitution gave the government the power to make the Louisiana Purchase.

Back when politicians cared about the Constitution...</description>
		<content:encoded><![CDATA[<p>Similarly&#8212;Jefferson agonized over whether the Constitution gave the government the power to make the Louisiana Purchase.</p>
<p>Back when politicians cared about the Constitution&#8230;</p>
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		<title>By: A bit of wisdom from Grover Cleveland - Blogs - NewsSpotz</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46560</link>
		<dc:creator>A bit of wisdom from Grover Cleveland - Blogs - NewsSpotz</dc:creator>
		<pubDate>Tue, 08 Sep 2009 02:40:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.threedonia.com/?p=3360#comment-46560</guid>
		<description>[...] than big government and universal socialism. In fact, old Grover vetoed a bailout bill because  he believed it to be unconstitutional. (h/t [...]</description>
		<content:encoded><![CDATA[<p>[...] than big government and universal socialism. In fact, old Grover vetoed a bailout bill because  he believed it to be unconstitutional. (h/t [...]</p>
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		<title>By: damnum absque injuria &#187; Going Nuclear on the Tax and Spend Power</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46520</link>
		<dc:creator>damnum absque injuria &#187; Going Nuclear on the Tax and Spend Power</dc:creator>
		<pubDate>Mon, 07 Sep 2009 21:32:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.threedonia.com/?p=3360#comment-46520</guid>
		<description>[...] 22nd and 24th Presidents agree that federal expenditures to benefit particular individuals in need are unconstitutional. Both [...]</description>
		<content:encoded><![CDATA[<p>[...] 22nd and 24th Presidents agree that federal expenditures to benefit particular individuals in need are unconstitutional. Both [...]</p>
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		<title>By: Floyd</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46512</link>
		<dc:creator>Floyd</dc:creator>
		<pubDate>Mon, 07 Sep 2009 21:03:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.threedonia.com/?p=3360#comment-46512</guid>
		<description>Got it Xrlq...  Jake usually is right.  and your last sentence is spot on.</description>
		<content:encoded><![CDATA[<p>Got it Xrlq&#8230;  Jake usually is right.  and your last sentence is spot on.</p>
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		<title>By: Xrlq</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46507</link>
		<dc:creator>Xrlq</dc:creator>
		<pubDate>Mon, 07 Sep 2009 20:49:14 +0000</pubDate>
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		<description>&lt;blockquote&gt;@Xrlq… welcome to Threedonia! The limitation is that if the power is not enumerated in the Const. then the Gov’t can not do it.&lt;/blockquote&gt;

I know.  The problem is that the plenary power to tax and spend &quot;for the general welfare&quot; &lt;i&gt;is&lt;/i&gt; enumerated in the Constitution, along side the commerce clause, the war power and everything else.  Therefore, unless a federal expenditure violates a specific prohibition of the Constitution, the government &lt;i&gt;can&lt;/i&gt; do it because the tax and spend clause says it can.  Jake&#039;s response said it all: even when the Democrats get it right, they still get it wrong.  One exception to that rule: the fact that the tax and spend power was written so broadly in the first place is largely the fault of the Federalist Party, not the Democrats who rightly opposed it.  That may be the exception that proves the rule, though, as the official name of the Democratic Party back then was &quot;Democratic-Republicans,&quot; and they were known informally as Republicans, not as &quot;Democrats.&quot;  It kinda fits that the last time the Democrats were truly on the right side of the federalism issue was when they were called Republicans!</description>
		<content:encoded><![CDATA[<blockquote><p>@Xrlq… welcome to Threedonia! The limitation is that if the power is not enumerated in the Const. then the Gov’t can not do it.</p></blockquote>
<p>I know.  The problem is that the plenary power to tax and spend &#8220;for the general welfare&#8221; <i>is</i> enumerated in the Constitution, along side the commerce clause, the war power and everything else.  Therefore, unless a federal expenditure violates a specific prohibition of the Constitution, the government <i>can</i> do it because the tax and spend clause says it can.  Jake&#8217;s response said it all: even when the Democrats get it right, they still get it wrong.  One exception to that rule: the fact that the tax and spend power was written so broadly in the first place is largely the fault of the Federalist Party, not the Democrats who rightly opposed it.  That may be the exception that proves the rule, though, as the official name of the Democratic Party back then was &#8220;Democratic-Republicans,&#8221; and they were known informally as Republicans, not as &#8220;Democrats.&#8221;  It kinda fits that the last time the Democrats were truly on the right side of the federalism issue was when they were called Republicans!</p>
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		<title>By: Floyd</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46487</link>
		<dc:creator>Floyd</dc:creator>
		<pubDate>Mon, 07 Sep 2009 20:06:30 +0000</pubDate>
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		<description>Amen epobirs... and welcome to Threedonia!</description>
		<content:encoded><![CDATA[<p>Amen epobirs&#8230; and welcome to Threedonia!</p>
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		<title>By: epobirs</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46486</link>
		<dc:creator>epobirs</dc:creator>
		<pubDate>Mon, 07 Sep 2009 20:02:22 +0000</pubDate>
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		<description>Bad laws have been repealed and bad court precedents overturned. There is no reason it cannot happen again if the example of reality causes the thinking behind the previous decisions to be reconsidered. It took a bit over a decade for the Volstead Act to be regarded as the disaster it was. That was a fairly unsubtle bit of law compared to philosophical disagreements on the Constitution, so it isn&#039;t surprising this battle is taking far longer and may go on forever as a symptom of human nature. That doesn&#039;t mean the fight should be given up.</description>
		<content:encoded><![CDATA[<p>Bad laws have been repealed and bad court precedents overturned. There is no reason it cannot happen again if the example of reality causes the thinking behind the previous decisions to be reconsidered. It took a bit over a decade for the Volstead Act to be regarded as the disaster it was. That was a fairly unsubtle bit of law compared to philosophical disagreements on the Constitution, so it isn&#8217;t surprising this battle is taking far longer and may go on forever as a symptom of human nature. That doesn&#8217;t mean the fight should be given up.</p>
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		<title>By: Republibot 3.0</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46474</link>
		<dc:creator>Republibot 3.0</dc:creator>
		<pubDate>Mon, 07 Sep 2009 18:18:07 +0000</pubDate>
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		<description>Woodrow Wilson was a kid from Virginia who was nine when the Civil War ended. That&#039;ll mess you up a bit, I&#039;d imagine. And of course he was a Demmycrat, and a member of the KKK, and openly racist. And oddly anti-national and internationalist. Weird guy. 

Oh, yeah, and &quot;I was spanked by Grover Cleveland on two non-consecutive occasions.&quot;</description>
		<content:encoded><![CDATA[<p>Woodrow Wilson was a kid from Virginia who was nine when the Civil War ended. That&#8217;ll mess you up a bit, I&#8217;d imagine. And of course he was a Demmycrat, and a member of the KKK, and openly racist. And oddly anti-national and internationalist. Weird guy. </p>
<p>Oh, yeah, and &#8220;I was spanked by Grover Cleveland on two non-consecutive occasions.&#8221;</p>
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		<title>By: Floyd</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46456</link>
		<dc:creator>Floyd</dc:creator>
		<pubDate>Mon, 07 Sep 2009 16:44:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.threedonia.com/?p=3360#comment-46456</guid>
		<description>Thanks for the comment Philip and welcome to Threedonia.  SCOTUS did &quot;change the law&quot; -- another post entirely on that one. 

I understand all that Philip... I&#039;m sure I&#039;m not the first to point out that just because SCOTUS says something doesn&#039;t make it right -- it only makes it legal.   President Cleveland was correct on the principle and the law at the time. Since when does going back to something that was right have to be &quot;impractical&quot;?  &quot;We know it&#039;s not right nor workable, but what the hell&quot; isn&#039;t very practical.  The idea of taking other people&#039;s money to help someone else is against our Founding principles.   So the law is on the side of the enforced government welfare state, but principle is on the side of those who would favor private individual charity -- and principle will always win out in the end.

That&#039;s why the culture battle is so important.  It would change the politics if people took more responsibility for their welfare, health care, self-defense, etc. and would return us to real prosperity as opposed to debt-fueled faux prosperity.  Obviously, since you look back to SCOTUS precedent so you see some usefulness of the past as it informs the present.  My precedents go further back than the New Deal.</description>
		<content:encoded><![CDATA[<p>Thanks for the comment Philip and welcome to Threedonia.  SCOTUS did &#8220;change the law&#8221; &#8212; another post entirely on that one. </p>
<p>I understand all that Philip&#8230; I&#8217;m sure I&#8217;m not the first to point out that just because SCOTUS says something doesn&#8217;t make it right &#8212; it only makes it legal.   President Cleveland was correct on the principle and the law at the time. Since when does going back to something that was right have to be &#8220;impractical&#8221;?  &#8220;We know it&#8217;s not right nor workable, but what the hell&#8221; isn&#8217;t very practical.  The idea of taking other people&#8217;s money to help someone else is against our Founding principles.   So the law is on the side of the enforced government welfare state, but principle is on the side of those who would favor private individual charity &#8212; and principle will always win out in the end.</p>
<p>That&#8217;s why the culture battle is so important.  It would change the politics if people took more responsibility for their welfare, health care, self-defense, etc. and would return us to real prosperity as opposed to debt-fueled faux prosperity.  Obviously, since you look back to SCOTUS precedent so you see some usefulness of the past as it informs the present.  My precedents go further back than the New Deal.</p>
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		<title>By: Philip</title>
		<link>http://www.threedonia.com/archives/3360/comment-page-1#comment-46453</link>
		<dc:creator>Philip</dc:creator>
		<pubDate>Mon, 07 Sep 2009 16:29:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.threedonia.com/?p=3360#comment-46453</guid>
		<description>Sorry, Floyd, but you&#039;re out of date.  The Supreme Court, in it&#039;s Social Security decisions, changed the law.  In U.S v. Butler, Justice Roberts wrote for the court that “the power of Congress to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution.”  He immediately qualified his opinion, “But the adoption of the broader construction leaves the power to spend subject to limitations.”   In 1937, in Carmichael v. Southern Coal &amp; Coke and Gulf States Paper, Justice Stone explained the practical scope of those limitations when he wrote, “[I]t would require a plain case of departure from every public purpose which could reasonably be conceived to justify the intervention of a court.”  (You can read the opinions at the SSA website.)

It&#039;s past time to drop the &quot;good old days&quot; schtick and come up with practical approaches, i.e., politically viable approaches, to the actual situation.</description>
		<content:encoded><![CDATA[<p>Sorry, Floyd, but you&#8217;re out of date.  The Supreme Court, in it&#8217;s Social Security decisions, changed the law.  In U.S v. Butler, Justice Roberts wrote for the court that “the power of Congress to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution.”  He immediately qualified his opinion, “But the adoption of the broader construction leaves the power to spend subject to limitations.”   In 1937, in Carmichael v. Southern Coal &amp; Coke and Gulf States Paper, Justice Stone explained the practical scope of those limitations when he wrote, “[I]t would require a plain case of departure from every public purpose which could reasonably be conceived to justify the intervention of a court.”  (You can read the opinions at the SSA website.)</p>
<p>It&#8217;s past time to drop the &#8220;good old days&#8221; schtick and come up with practical approaches, i.e., politically viable approaches, to the actual situation.</p>
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