Constitutional scholar refutes anti-Paul claims
http://www.dailyiowan.com/2011/08/31/Opinions/24610.html
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| David Scrivner/The Daily Iowan |
A good rule of thumb I’ve discovered is that critics who claim Rep. Ron Paul doesn’t understand the Constitution are themselves the ones whose knowledge is deficient.
For example, Scott McKeag, a teacher in the Iowa City School District, came down hard on the congressman in these pages for denying that the federal government has a role in education according to the Constitution. The congressman further believes that education is better managed by states, localities, and parents.
McKeag cites the Constitution’s “necessary and proper” clause to justify the federal Department of Education, which opened its doors in 1980.
Let’s tick off the problems with this howler.
First, Alexander Hamilton noted in Federalist No. 33 that the necessary and proper clause was inserted merely for clarification and did not augment federal power at all. He even said the Constitution would be exactly the same if that clause were “entirely obliterated.” Appealing to the clause to carry the burden of justifying federal involvement in education — which is nowhere mentioned in the Constitution — is asking it to do much heavier lifting than even Hamilton, the broadest of constitutional constructionists, thought it could bear.
Second, George Nicholas, future attorney general of Kentucky, told the Virginia ratifying convention (and remember, according to James Madison, it is to the ratifying conventions that we turn for constitutional interpretation) that the clause “only enables it [Congress] to carry into execution the powers given to it, but gives it no additional power.” Many other statements to this effect can be found in the documentary records of the ratifying conventions.
In other words, citing this clause for authority to establish a Department of Education only begs the question, since McKeag has not first established education as one of “the powers given to it.”
Third, in numerous state ratifying conventions, the people were assured the federal government would have only the powers “expressly delegated” to it. Power over education is obviously not expressly delegated.
Fourth, Thomas Jefferson explained in 1791 that “necessary and proper” had to mean really necessary, as opposed to merely convenient, in carrying out the enumerated powers if the clause were not to swallow up the whole Constitution and defeat its very purpose. Because education is nowhere listed among the enumerated powers, it wouldn’t survive even the first stage of Jefferson’s test.
McKeag only makes things worse when he appeals to Jefferson: “President Thomas Jefferson, the author of the Declaration of Independence, championed this idea from his time in the Virginia Legislature.”
Ouch. Here’s what Jefferson actually said: “An amendment to our Constitution must here come in aid of the public education.”
Got that? An amendment to our Constitution. That means federal involvement in education is unconstitutional given the text of the document as it stands. In other words, Jefferson held precisely the view that Ron Paul holds today.
McKeag has no better luck when he tries to claim Madison. Madison warned people in 1792 that if they interpreted the general welfare clause too broadly, we’d wind up with the federal government taking “into its own hands the education of children,” an outcome he considered absurd. Ouch again, Mr. McKeag.
The rest of the article argues from the precedent, “Hey, lots of politicians have thought the people were too stupid to run their own schools and needed to be taxed for the privilege of being bossed around by their Washington betters.” Maybe so, but that doesn’t answer the question: Is it constitutional?
Before filling the heads of Iowan children with any more nonsense, Scott McKeag might consider leaving Ron Paul alone and spending a teensy bit more time reading.
Thomas E. Woods Jr., who holds a Ph.D. in history from Columbia University, is a New York Times bestselling author of 11 books.
Comment
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Comment by Cryptocurrency on September 1, 2011 at 5:45pm
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From now on my only response to your quackery is this:
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Ahh the sympathy ploy...
NO, I have made an ass of you. You ACT as if you are just questioning things with a heart of gold and then you parade your kids in front of us to play on our heart strings... pretty low indeed.
You do not just question. You attack and hurl insults and then cry about it when you start getting whooped on. Then you try to guilt me for arguing back. Hey you step into my dojo throwin' punches I'm going to fight back.
You can dish it out but you can't take it. I'm done with your ineptness and crybaby tactics.
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Comment by TheLasersShadow on September 1, 2011 at 4:57pm
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For all issues you need to know so you aren't fooled, so you know exactly who your voting for. Ron Pauls new book Liberty Defined has all those answers. It's more relevant to your needs at the moment, end the fed is more monitary policy.
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Last time I do the thinking for you, Vince. He stated he would have opposed the Civil Rights Act because of the property rights element in the bill. Link here to begin research and view clarifications.
W/e Vince I do not have the time or desire to play the "Vince doesn't get it game' with you. You are a degenerate. Like I said, if you want to debate this in the debate group we can but I will thrash you and you will lose.
And yes it was rude what I said, however true. You are an angry man attacking good people. For that I beseech you to think before you speak. Engage brain before mouth.
Or you could just vote for Obama... again.
You act as if you have not made little chiding remarks. Like you are so honorable and gentlemanly. Lol you are a joke and have no discernment whatsoever. You come here calling me out and nitpicking a man that takes on the entire system on his own, and then make remarks about how he has no backbone.
It is you, oh cowardly one, that has no backbone or common sense. Not to mention the helmet you don and the pictures of you on the short bus with your Obama 2008 pom poms.
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This is a waste of time. Vince is like the drunk husband that had a bad day at work and just wants to come home and beat on his wife and kids. This isn't about Ron Paul. This is about Vince getting his kicks out of getting a rise out of good people.
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Ron Paul wrote an entire book on ending the FED. My point made right there, YOU ARE NOT PAYING ATTENTION.
The fact that you even have to ask WHY auditing the FED will accomplish anything demonstrates again the gaping hole in your understanding of the NWO system. You have to first audit the FED before you end it. You have to prove something is wrong with the fractional reserve system before you correct it ergo, you audit.
Look I do not have time for your misunderstandings Vince. You want me to explain it all to you and do all of the thinking and research for you. Read Ron Paul's books and statements instead of running with the convoluted mainstream media talking points and coming on here wasting my time and everyone elses.
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"I have never heard RP utter a single word about ENDING the FED? gee, why not? JFK did." - Comment by Vincent L. Guarisco
LMAO!! C mon dude really?
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You are NOT vetting. You are nitpicking and attacking Ron Paul. You're rhetoric and semantical clarifications are further spin on your misunderstandings and constant back peddling. That and the fact you voted for Obama proves you lack discernment in these matters and therefore, should not be taken seriously, period.
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And what was his rationale in opposition to the Civil Rights Act? Right now, you are parroting mainstream media talking points that always lead to a sound explanation by Ron Paul. You are clinging to the superficial issue and not his actual reason for opposing the bill. Yours is a surface argument with no correlation to the core issue and the reason behind the unconstitutionality of that bill.
Again you are missing the point, Vince.
I grow tired of this with you. You continually bash the only person that is working hard following the principles of the founding fathers.
Again the more pertinent question to all of this is WHY is it you put ALL of your energy into opposing Ron Paul? And not the real globalists like Obama or Romney??
That's a reeeally gooooood question isn't it? You cry shill but it is YOU that parrots the shills attacking our movement. So, in conclusion what is your excuse then? Why do you flip flop constantly? Why do you support us one minute and celebrate with us then turn around and stab us in the back and take cheap shots at us with globalist mainstream media talking points?
Either you are the shill or you are sadly mistaken as you were when you voted for the globalist dictator Barrack H. Obama. Why should ANYONE trust your logic or judgement in light of that fact?
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No, by your logic, not mine. By my logic you not only voted for Obama but you flip flop CONSTANTLY on this Ron Paul issue in sort of a bio polar fever. Not to mention the absurdity of your arguments about Ron Paul being a corporate shill lmfao! His entire campaign is grassroots but you don't seem to grasp that.
I did not say I wouldn't debate you. I just feel it is a waste of time thrashing you in a contest you can't possibly win.
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