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From: BTR1701 <atropos@mac.com>
Newsgroups: rec.arts.tv
Subject: Re: "The View" Hosts Shocked Into Silence As Whoopi Argues In Favor Of Trump Policy
Date: Thu, 24 Apr 2025 18:50:51 -0000 (UTC)
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On Apr 21, 2025 at 1:58:38 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:

> BTR1701 <atropos@mac.com> wrote:
>> Apr 21, 2025 at 11:27:54 AM PDT, Adam H. Kerman <ahk@chinet.com>:
> 
>>> Here's a citation for the article plagarized by Ubi the shithead, who
>>> falsely claimed authorship of an article he had not written.
>  
>>>
>>> https://www.dailywire.com/news/the-view-hosts-shocked-into-silence-as-whoopi-argues-in-favor-of-trump-policy
> 
>>> Federal legislation that imposed partially unfunded mandates on public
>>> schools is a separate issue from the mere fact of the Department of
>>> Education. A great many of the mandates originated in education bills
>>> before there was a Department of Education and a few from before there
>>> was a Department of Health, Education, and Welfare, part of the Johnson
>>> administration's Great Society program.
> 
>>> It's the education bills, not the fact that there's a government
>>> bureaucracy whether it's DOE, HEW, or something else, that are
>>> problematic. Some of the provisions should be reformed; many should be
>>> sunsetted. Also, some of the mandates (school breakfast and lunch programs)
>>> are in the farm bill and administered by USDA.
> 
>> None of it is a power granted to the federal government by Article I,
>> Section 8, and is therefore all a matter of state/local jurisdiction,
>> per Amendment X.
> 
>> The Dept. of Education should be abolished because it's unconstitutional.
>> Period.
> 
> What about the General Welfare clause? The Constitution doesn't get
> broader than that.

The phrase "general welfare" appears twice in the Constitution, once in the
Preamble:

     "We the People of the United States, in Order to form a more perfect 
     Union, establish Justice, insure domestic Tranquility, provide for the 
     common defense, promote the general Welfare, and secure the Blessings 
     of Liberty to ourselves and our Posterity, do ordain and establish this 
     Constitution for the United States of America."

(Although the Founders got the first sentence wrong. "We the People" should be
"Yeeb Plebnista".)

And in Article I, Section 8:

     "The Congress shall have power to lay and collect taxes, duties,
     imposts and excises, to pay the debts and provide for the common
     defense and general welfare of the United States"

The Preamble is just pretty words and has no legal force or effect, per the
writings of the Founders, which subsequently have been enshrined into
precedent by SCOTUS. So the Preamble is out.

As for Article I, Section 8, plain English dictates (and the Supreme Court has
affirmed) that the term "general welfare" in that clause applies only to
laying and collecting taxes. It doesn't give Congress the power to do anything
it likes and justify it by claiming it's "in the general welfare of the
nation". (That's what we have the Commerce Clause for.) Otherwise, it would
negate the Founders' intent to create a weak and limited central government,
the general intent of the Constitution itself taken as a whole, as well as
specifically render the 10th Amendment meaningless, if not all but repeal it
entirely.

Using the "general welfare" clause to directly regulate education, which is a
power not granted to the federal government in Article I, Section 8, would be
a disingenuous attempt to end-run the Constitution's limitation on federal
power and usurp the legitimate authority and jurisdiction granted to the
states under the 10th Amendment.

> In any event, you aren't addressing my criticism that sunsetting DOE is
> meaningless if Trump won't seek to sunset various authorization bills
> whose provisions are federal overreach or contraindicated.
> 
> My main criticism is that Trump doesn't want to affect domestic policy
> through legislation as he likes that Congress has allowed usurption of
> its inherent powers under the Constitution.

Yes, Congress is cowardly and Trump is taking advantage of it. Anyone who's
surprised, raise their hand. Anyone? Anyone? Bueller?