johnwk
10-20-2011, 07:05 PM
SEE: Cain Adds to ‘9-9-9’ Plan, Angering Unions (http://www.foxnews.com/politics/2011/10/20/cain-adds-to-plan-angering-unions/)
“Taking aim at minimum wage laws, union protections, and even local building codes, Herman Cain has put the finishing touches on the last missing piece of his signature “9-9-9” plan – an elaborate proposal to create “opportunity zones” in inner-city America that the GOP presidential candidate will unveil during a major campaign appearance in Detroit on Friday morning.”
The first thing to note is how FoxNews immediately attempts to frame and limit the discussion, i.e., Herman Cain vs. those evil Unions. But why are unions now considered to be “evil”? Is it not because they threaten a free market system and wish to exert extraordinary power to impose their will?
And just what are Herman Cain’s “opportunity zones” which he originally called “empowerment zones”? Are they not a proposal to have the federal government enter each of the united States, designate particular geographical locations as an “opportunity zone”, and then interfere with the internal commerce of each State just as unions now do?
If Herman Cain were a defender of our once free market system, he would not be proposing the enlargement of the federal government’s meddling within each State’s borders under the innocuous name “opportunity zones“ under which he proposes to pick winners and losers and enforce unequal law based upon a geographical location’s economic conditions. Did we not just learn the consequences of allowing the federal government to pick winners and losers under Obama’s Solyndra deal, which was used to plunder our federal treasury?
What Mr. Cain needs to answer with regard to his proposal has nothing to do with unions. Unfortunately, our establishment media will not put Herman Cain on the spot and remind Herman that our federal Constitution declares in crystal clear language that:
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another. So, what part of Article 1, Section 9, Clause 6 does Herman Cain not understand?
And if Article 1, Section 9. Clause 6 is not clear enough for Mr. Cain to understand the founder‘s intentions, and that our federal government is one of defined and limited powers, what part of Federalist No. 45 does Mr. Cain not understand which summarizes our federal government’s job as follows?
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
And if the above is not clear enough that our founders intentions were to forbid the federal government from entering the States and interfering with their internal affairs and commerce, what part of the Tenth Amendment does Mr. Cain not understand?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
Finally, if the above has not sent the message to Mr. Cain that his proposal is tyranny with a smiley-face, then perhaps Herman ought to read what our Supreme Court stated shortly after the Tenth Amendment was adopted:
The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void. ____ MARBURY v. MADISON, 5 U.S. 137 (1803)
So tell us Mr. Cain, under what constitutional authority would you be acting when granting preferential treatment within a state based upon a geographical location’s economic circumstances?
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story
“Taking aim at minimum wage laws, union protections, and even local building codes, Herman Cain has put the finishing touches on the last missing piece of his signature “9-9-9” plan – an elaborate proposal to create “opportunity zones” in inner-city America that the GOP presidential candidate will unveil during a major campaign appearance in Detroit on Friday morning.”
The first thing to note is how FoxNews immediately attempts to frame and limit the discussion, i.e., Herman Cain vs. those evil Unions. But why are unions now considered to be “evil”? Is it not because they threaten a free market system and wish to exert extraordinary power to impose their will?
And just what are Herman Cain’s “opportunity zones” which he originally called “empowerment zones”? Are they not a proposal to have the federal government enter each of the united States, designate particular geographical locations as an “opportunity zone”, and then interfere with the internal commerce of each State just as unions now do?
If Herman Cain were a defender of our once free market system, he would not be proposing the enlargement of the federal government’s meddling within each State’s borders under the innocuous name “opportunity zones“ under which he proposes to pick winners and losers and enforce unequal law based upon a geographical location’s economic conditions. Did we not just learn the consequences of allowing the federal government to pick winners and losers under Obama’s Solyndra deal, which was used to plunder our federal treasury?
What Mr. Cain needs to answer with regard to his proposal has nothing to do with unions. Unfortunately, our establishment media will not put Herman Cain on the spot and remind Herman that our federal Constitution declares in crystal clear language that:
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another. So, what part of Article 1, Section 9, Clause 6 does Herman Cain not understand?
And if Article 1, Section 9. Clause 6 is not clear enough for Mr. Cain to understand the founder‘s intentions, and that our federal government is one of defined and limited powers, what part of Federalist No. 45 does Mr. Cain not understand which summarizes our federal government’s job as follows?
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
And if the above is not clear enough that our founders intentions were to forbid the federal government from entering the States and interfering with their internal affairs and commerce, what part of the Tenth Amendment does Mr. Cain not understand?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
Finally, if the above has not sent the message to Mr. Cain that his proposal is tyranny with a smiley-face, then perhaps Herman ought to read what our Supreme Court stated shortly after the Tenth Amendment was adopted:
The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void. ____ MARBURY v. MADISON, 5 U.S. 137 (1803)
So tell us Mr. Cain, under what constitutional authority would you be acting when granting preferential treatment within a state based upon a geographical location’s economic circumstances?
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story