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Feb. 5th, 2008 07:25 pmOK, since yesterday's post was so successful in starting conversations, let's try another one along similar lines.
Conventional 'wisdom' would portray the Democratic Party as the party of big government and the Republican Party as one favouring smaller government on a federal level. I don't think this is correct, as evidenced by the last three decades. Similarly, the Democrats are tagged as tax-and-spend where the Republicans get a general perception of being more fiscally prudent. Again, the last three decades seem to call this into question as well.
So, when it comes right down to the question of interpreting the Constitution at least as it applies to government, how do you interpret it? Is it a dated document which defined federalism in terms which should not be interpreted strictly given the passage of two hundred and thirty years? Are the ideals expressed by Jefferson and expounded upon by people like James Madison, Alexander Hamilton and John Jay still as relevant and applicable today as they were then? Should we be looking to something of a dual federalist system where state and national governments are co-equal- as is often the application of many Libertarians today- and is arguably Jeffersonian in intention.
How big should the federal government be? What powers should be accorded to it? At what point when states have abdicated or underdelivered upon their responsibility should those responsibilities be assumed by the federal government as guardians ad litem on behalf of the people. Where does one find the balance between the Tenth Amendment and the so-called "Necessary and Proper Clause" of Article One of the Constitution.
For the purpose of facilitating discussion, Article One, Section 8, Clause 18:
"The Congress shall have Power - 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 Tenth Amendment:
"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."
Cry havok and let slip the dogs of debate....
Conventional 'wisdom' would portray the Democratic Party as the party of big government and the Republican Party as one favouring smaller government on a federal level. I don't think this is correct, as evidenced by the last three decades. Similarly, the Democrats are tagged as tax-and-spend where the Republicans get a general perception of being more fiscally prudent. Again, the last three decades seem to call this into question as well.
So, when it comes right down to the question of interpreting the Constitution at least as it applies to government, how do you interpret it? Is it a dated document which defined federalism in terms which should not be interpreted strictly given the passage of two hundred and thirty years? Are the ideals expressed by Jefferson and expounded upon by people like James Madison, Alexander Hamilton and John Jay still as relevant and applicable today as they were then? Should we be looking to something of a dual federalist system where state and national governments are co-equal- as is often the application of many Libertarians today- and is arguably Jeffersonian in intention.
How big should the federal government be? What powers should be accorded to it? At what point when states have abdicated or underdelivered upon their responsibility should those responsibilities be assumed by the federal government as guardians ad litem on behalf of the people. Where does one find the balance between the Tenth Amendment and the so-called "Necessary and Proper Clause" of Article One of the Constitution.
For the purpose of facilitating discussion, Article One, Section 8, Clause 18:
"The Congress shall have Power - 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 Tenth Amendment:
"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."
Cry havok and let slip the dogs of debate....
