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    Evil MultifariousEvil Multifarious Registered User regular
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

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    AbdhyiusAbdhyius Registered User regular
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    We have things up in the supreme court a lot, but not in the "is this unconstitutional" way, but in the "there is no precedent in this case at all" way

    ftOqU21.png
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    spool32spool32 Contrary Library Registered User regular
    Thomamelas wrote: »
    spool32 wrote: »
    Ahh, isn't the general welfare part in the preamble? I didn't think that was actually part of the Constitution. Also no one is arguing it before the SCOTUS today,so I don't think it really is a factor regardless.

    The Obama administration's interpretation does seem to grant it extremely broad regulatory power, in effect saying "all the things you cannot avoid doing? we can control how you do them".
    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;

    Article 1, Section 8. It is also in the preamble.

    Ok. The government, I assume, isn't arguing from this clause because they say the mandate penalty isn't a tax, so they can't say they're levying the tax for the general welfare of the people.

    Neat!

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    RentRent I'm always right Fuckin' deal with itRegistered User regular
    Feral wrote: »

    Right the Stars - Best Days of Our Lives

    (found by Googling "what is the song in the Kinect Pixar commercial?")

    Feral let us have gay sex

    right now

    Also this song was worth the insane amount of effort i spent trying to find it

    http://www.youtube.com/watch?v=wWFeeppV1Bo

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    SarksusSarksus ATTACK AND DETHRONE GODRegistered User regular
    4 isn't H. 4 is A.

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    AbdhyiusAbdhyius Registered User regular
    spool32 wrote: »
    Thomamelas wrote: »
    spool32 wrote: »
    Ahh, isn't the general welfare part in the preamble? I didn't think that was actually part of the Constitution. Also no one is arguing it before the SCOTUS today,so I don't think it really is a factor regardless.

    The Obama administration's interpretation does seem to grant it extremely broad regulatory power, in effect saying "all the things you cannot avoid doing? we can control how you do them".
    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;

    Article 1, Section 8. It is also in the preamble.

    Ok. The government, I assume, isn't arguing from this clause because they say the mandate penalty isn't a tax, so they can't say they're levying the tax for the general welfare of the people.

    Neat!

    why aren't they?

    ftOqU21.png
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    FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    spool32 wrote: »
    The "fuck it, no one cares about that part of the constitution any more" argument is not persuasive at all.

    It's not that "no one cares about it," it's that you've adopted a minority (though popular) viewpoint.

    I'll be honest, I'm not a fan of the broad interpretations of the interstate commerce clause and the necessary and proper clause, but I'm also not a fan of 18th-century-era federalism either.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
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    Disco TerrierDisco Terrier Jowls aquiver. Registered User regular
    Okay I need to choose a cover for my ebook version of Journey to the Center of the Earth.

    Do I choose this:
    OMdUC.jpg

    Or this:
    7dGHT.jpg

    yGxvf.png
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    VariableVariable Mouth Congress Stroke Me Lady FameRegistered User regular
    adhering to the constitution is extremely extremely important on the days that the other party is considering going against it

    BNet-Vari#1998 | Switch-SW 6960 6688 8388 | Steam | Twitch
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    emnmnmeemnmnme Registered User regular
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom without social responsibility and good citizenship? Or just plain ol' freedom?

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    GooeyGooey (\/)┌¶─¶┐(\/) pinch pinchRegistered User regular
    when i was in college one of the big "man challenges" was to do as much snuff as your thumb could hold at once, tip to knuckle. awful.

    i did a lot of chewing tobacco too. redman and levi garrett gold.

    most of my friends dipped, but i never did. that always made me want to hurl.

    I've mostly stopped tobacco use now, except for cigarettes every now and then

    919UOwT.png
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    HonkHonk Honk is this poster. Registered User, __BANNED USERS regular
    spool32 wrote: »
    Inquisitor wrote: »
    spool32 wrote: »
    Honk wrote: »
    A possible problem with a constitution is that it may become several hundred years old and some things may become outdated.

    On the other hand most countries have constitutions of some kind, so I don't know why there's constantly only a problem of passing necessary stuff in the US and not in other countries. Possibly you have not updated it when society has changed.

    Seriously, man. Any governing document written before the Internet is basically null and void, right?

    Strawmen are straw.

    "the constitution is ooooold" has one virtue as an argument: It's definitely the funniest objection you can come up with.

    If you don't see how that can be a problem then go ahead and exist in fantasy.

    People 300 years ago saw blacks as inferior, women couldn't vote and we could keep this up for a while. That people should be free is a good notion, but other than that a small group of men 300 years ago are not at all qualified to decide how the country CANNOT be run several generations after they've long been dead. Norms change, and so far towards the better. A constitution that is too hard to amend can become an anchor.

    PSN: Honkalot
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    InquisitorInquisitor Registered User regular
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom is inherently freedom.

    /thread

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    AbdhyiusAbdhyius Registered User regular
    According to our constitution, if you immigrate and are luther-evangelic, you have to raise your kids in that religion.

    Then again it also says the executive power lies with the King.

    ftOqU21.png
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    spool32spool32 Contrary Library Registered User regular
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

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    Robos A Go GoRobos A Go Go Registered User regular
    Inquisitor wrote: »
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom is inherently freedom.

    /thread

    Does something need to only yield good consequences in order to be considered inherently good?

    Because, by those standards, I'm pretty sure that you could prove that "good" isn't inherently good.

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    spool32spool32 Contrary Library Registered User regular
    Organichu wrote: »
    spool32 wrote: »
    Inquisitor wrote: »
    spool32 wrote: »
    Honk wrote: »
    A possible problem with a constitution is that it may become several hundred years old and some things may become outdated.

    On the other hand most countries have constitutions of some kind, so I don't know why there's constantly only a problem of passing necessary stuff in the US and not in other countries. Possibly you have not updated it when society has changed.

    Seriously, man. Any governing document written before the Internet is basically null and void, right?

    Strawmen are straw.

    "the constitution is ooooold" has one virtue as an argument: It's definitely the funniest objection you can come up with.

    i'm not saying 'the constitution is old therefore it's wrong'

    but i mean, it was written when people were property

    maybe there's a conceivable basis to think it has more room for modification than we've thus far accomplished

    there are many republicans who just regard the idea of any amendment as unconstitutional, which is patently ridiculous

    That is a dumb mindset, yes. Heck, I might even support a healthcare amendment, depending on how it was structured.

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    AbdhyiusAbdhyius Registered User regular
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    Yeah. Our word for constitution is "base law", because that's what it is. The base. It says who can make laws and how and such.

    It's like the OS for the rest of the law.

    Your is just hella wierd.

    ftOqU21.png
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    emnmnmeemnmnme Registered User regular
    Okay I need to choose a cover for my ebook version of Journey to the Center of the Earth.

    scaled.php?server=97&filename=earthsection050520iq9.jpg&res=medium

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    InquisitorInquisitor Registered User regular
    Inquisitor wrote: »
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom is inherently freedom.

    /thread

    Does something need to only yield good consequences in order to be considered inherently good?

    Because, by those standards, I'm pretty sure that you could prove that "good" isn't inherently good.

    Dude I /threaded we are done here maaaaan.

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    VariableVariable Mouth Congress Stroke Me Lady FameRegistered User regular
    Abdhyius wrote: »
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    Yeah. Our word for constitution is "base law", because that's what it is. The base. It says who can make laws and how and such.

    It's like the OS for the rest of the law.

    Your is just hella wierd.
    yeah well your face is hella weird and you spelled weird wrong

    BNet-Vari#1998 | Switch-SW 6960 6688 8388 | Steam | Twitch
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    TehSlothTehSloth Hit Or Miss I Guess They Never Miss, HuhRegistered User regular
    Abdhyius wrote: »
    spool32 wrote: »
    Thomamelas wrote: »
    spool32 wrote: »
    Ahh, isn't the general welfare part in the preamble? I didn't think that was actually part of the Constitution. Also no one is arguing it before the SCOTUS today,so I don't think it really is a factor regardless.

    The Obama administration's interpretation does seem to grant it extremely broad regulatory power, in effect saying "all the things you cannot avoid doing? we can control how you do them".
    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;

    Article 1, Section 8. It is also in the preamble.

    Ok. The government, I assume, isn't arguing from this clause because they say the mandate penalty isn't a tax, so they can't say they're levying the tax for the general welfare of the people.

    Neat!

    why aren't they?

    I believe it has something to do with a procedural rule about the supreme court not being able to hear cases about taxes until the tax is in effect, which doesn't happen for a couple more years.

    FC: 1993-7778-8872 PSN: TehSloth Xbox: SlothTeh
    twitch.tv/tehsloth
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    descdesc Goretexing to death Registered User regular
    Dee Tee: #2

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    InquisitorInquisitor Registered User regular
    I'd love to see some giant changes made to the US constitution, however, I fear if giant changes were actually made they would be ones that I wouldn't actually want,.

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    Evil MultifariousEvil Multifarious Registered User regular
    emnmnme wrote: »
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom without social responsibility and good citizenship? Or just plain ol' freedom?

    Freedom as an end in itself, rather than an instrument of utility.

    I am just really annoyed by how the core ethical theme in almost every work of popular fiction is individual liberty.

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    HonkHonk Honk is this poster. Registered User, __BANNED USERS regular
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    No?

    Our constitution, Grundlagen, is the frame of laws that says what the government can't do. How the government should be formed etc. If there's no document saying how the government is formed for instance, good luck having elections at all. Or are we talking about dictatorships now suddenly?

    PSN: Honkalot
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    PantsBPantsB Fake Thomas Jefferson Registered User regular
    spool32 wrote: »
    Thomamelas wrote: »
    spool32 wrote: »
    Ahh, isn't the general welfare part in the preamble? I didn't think that was actually part of the Constitution. Also no one is arguing it before the SCOTUS today,so I don't think it really is a factor regardless.

    The Obama administration's interpretation does seem to grant it extremely broad regulatory power, in effect saying "all the things you cannot avoid doing? we can control how you do them".
    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;

    Article 1, Section 8. It is also in the preamble.

    Ok. The government, I assume, isn't arguing from this clause because they say the mandate penalty isn't a tax, so they can't say they're levying the tax for the general welfare of the people.

    Neat!

    The government will be arguing that today, as I understand it. Alito and possibly other Justices were peeved the government was arguing it wasn't a tax (so they can get a decision now since you can't rule on a tax until its levied) yesterday but will be arguing that it counts under this clause today.

    11793-1.png
    day9gosu.png
    QEDMF xbl: PantsB G+
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    emnmnmeemnmnme Registered User regular
    emnmnme wrote: »
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom without social responsibility and good citizenship? Or just plain ol' freedom?

    Freedom as an end in itself, rather than an instrument of utility.

    I am just really annoyed by how the core ethical theme in almost every work of popular fiction is individual liberty.

    D-do you not realize Brave New World was a horror story? Individual liberty is keen, especially when everyone has it.

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    RiemannLivesRiemannLives Registered User regular
    wow, feeling so much better today.

    It is so fucking weird to live for a few days with signifigantly impaired brain function then get better.

    It's like that Poul Anderson book "Brain Wave" (excellent read btw).

    Attacked by tweeeeeeees!
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    spool32spool32 Contrary Library Registered User regular
    Honk wrote: »
    spool32 wrote: »
    Inquisitor wrote: »
    spool32 wrote: »
    Honk wrote: »
    A possible problem with a constitution is that it may become several hundred years old and some things may become outdated.

    On the other hand most countries have constitutions of some kind, so I don't know why there's constantly only a problem of passing necessary stuff in the US and not in other countries. Possibly you have not updated it when society has changed.

    Seriously, man. Any governing document written before the Internet is basically null and void, right?

    Strawmen are straw.

    "the constitution is ooooold" has one virtue as an argument: It's definitely the funniest objection you can come up with.

    If you don't see how that can be a problem then go ahead and exist in fantasy.

    People 300 years ago saw blacks as inferior, women couldn't vote and we could keep this up for a while. That people should be free is a good notion, but other than that a small group of men 300 years ago are not at all qualified to decide how the country CANNOT be run several generations after they've long been dead. Norms change, and so far towards the better. A constitution that is too hard to amend can become an anchor.

    Ooh, you forgot to mention that the small group of men were old and white. The trifecta of badness!

    The beauty of the Constitution is that it can be changed, and that it broadly proscribes things Rather than broadly allowing them. The resilient document tht holds you back today shields you tomorrow. This is a trade off that has generally been good, and we discard it at our peril.

    If the new normal can't get broad support for an amendment, and can't be done within the scope of limited federal power, it's better that it not be done at the federal level.

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    RiemannLivesRiemannLives Registered User regular
    emnmnme wrote: »
    emnmnme wrote: »
    incidentally, I am soon going to make a thread about how freedom is not inherently good

    I think it will be entertaining

    Freedom without social responsibility and good citizenship? Or just plain ol' freedom?

    Freedom as an end in itself, rather than an instrument of utility.

    I am just really annoyed by how the core ethical theme in almost every work of popular fiction is individual liberty.

    D-do you not realize Brave New World was a horror story? Individual liberty is keen, especially when everyone has it.

    this post is like raaaaAAAAIIIiiiiiin on your wedding day.

    Attacked by tweeeeeeees!
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    TehSlothTehSloth Hit Or Miss I Guess They Never Miss, HuhRegistered User regular
    Honk wrote: »
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    No?

    Our constitution, Grundlagen, is the frame of laws that says what the government can't do. How the government should be formed etc. If there's no document saying how the government is formed for instance, good luck having elections at all. Or are we talking about dictatorships now suddenly?

    He's just saying that our constitution, in addition to specifying stuff about elections and the legislative process, list the powers that our federal government does have instead of listing the powers that our federal government does not have.

    FC: 1993-7778-8872 PSN: TehSloth Xbox: SlothTeh
    twitch.tv/tehsloth
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    Robos A Go GoRobos A Go Go Registered User regular
    I don't want to be free I just want a hot wife and candy for breakfast.

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    AbdhyiusAbdhyius Registered User regular
    Honk wrote: »
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    No?

    Our constitution, Grundlagen, is the frame of laws that says what the government can't do. How the government should be formed etc. If there's no document saying how the government is formed for instance, good luck having elections at all. Or are we talking about dictatorships now suddenly?

    Yeah it doesn't really say what the government can't do, it says what is can.

    ftOqU21.png
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    GooeyGooey (\/)┌¶─¶┐(\/) pinch pinchRegistered User regular
    Variable wrote: »
    Abdhyius wrote: »
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    Yeah. Our word for constitution is "base law", because that's what it is. The base. It says who can make laws and how and such.

    It's like the OS for the rest of the law.

    Your is just hella wierd.
    yeah well your face is hella weird and you spelled weird wrong

    point variable

    919UOwT.png
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    HonkHonk Honk is this poster. Registered User, __BANNED USERS regular
    Abdhyius wrote: »
    spool32 wrote: »
    Honk wrote: »
    What I am saying spool is that society has changed since you declared independence. I know that there have been amendments, things seem to be up in the supreme court a lot though - whereas you don't hear about that from other countries.

    In most countries, the government exists atop the constitution in the power structure. In America it does not - it's constrained by the constitution.

    Yeah. Our word for constitution is "base law", because that's what it is. The base. It says who can make laws and how and such.

    It's like the OS for the rest of the law.

    Your is just hella wierd.

    I don't think you are correct here, because I'm pretty sure yours is similar to ours.

    The "base law" declares how government is formed, that people are free, have freedom of expression etc. Isn't that pretty much exactly like The Constitution - although less specific?

    The government is not "atop" the constitution - that would mean they can change it willy nilly. That is simply not the case. The government is formed in accordance with the constitution.

    PSN: Honkalot
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    spool32spool32 Contrary Library Registered User regular
    TehSloth wrote: »
    Abdhyius wrote: »
    spool32 wrote: »
    Thomamelas wrote: »
    spool32 wrote: »
    Ahh, isn't the general welfare part in the preamble? I didn't think that was actually part of the Constitution. Also no one is arguing it before the SCOTUS today,so I don't think it really is a factor regardless.

    The Obama administration's interpretation does seem to grant it extremely broad regulatory power, in effect saying "all the things you cannot avoid doing? we can control how you do them".
    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;

    Article 1, Section 8. It is also in the preamble.

    Ok. The government, I assume, isn't arguing from this clause because they say the mandate penalty isn't a tax, so they can't say they're levying the tax for the general welfare of the people.

    Neat!

    why aren't they?

    I believe it has something to do with a procedural rule about the supreme court not being able to hear cases about taxes until the tax is in effect, which doesn't happen for a couple more years.

    It's a law from the 1800s that prevents people from challenging a tax before they pay it, because you know Americans would otherwise challenge every tax and tie it up in court for years just to avoid paying up.

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    GooeyGooey (\/)┌¶─¶┐(\/) pinch pinchRegistered User regular
    DUE why is the 6-legged lion in jail?

    919UOwT.png
This discussion has been closed.