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Kuros
Joined: 27 Apr 2004
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Posted: Thu Oct 25, 2007 4:51 pm Post subject: |
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Ya-ta Boy wrote: |
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[Marshall] repeatedly confirmed the supremacy of federal law over state law
The Federal law is not superior to State law even now |
The Wiki article could have been worded better. State laws follow State constitutions and State constitutions must follow the Federal constitution, but you are right. Federal jurisdiction is restricted to certain areas. The federal principle holds that there be a division of power between States and the Federal government. |
I bring it up partly because I think such Federalism is a great thing. The Feds are important for military unity and unity among the states when presenting ourselves to foreign powers, and for one more over-arching reason: the Feds are there as arbiters between state authority and individual citizens. This kind of layered power is unique and yet essential. The Federal courts have no interest in seeing any individual American citizen's rights determined by, say, Kentucky. The Federal courts will intervene, and have intervened as recently as the Meredith v. Jefferson County decision.
I think when Ron Paul calls himself a strict constructionist, we really need to cut through that rhetoric and ask what he means. Ron Paul has said he opposes Lincoln's Civil War. He does not think that the lawfulness or unlawfulness of slavery should have been determined by the Federal system. Why? Does Ron Paul support slavery?
I don't think he does. Such a position would be absurd. But he does oppose one direct outcome of the American Civil War: Section 1 of the 14th Amendment, also known as the Due Process Clause.
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All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law |
"Hold on, Kuros," Ron Paul's supporters may say, "Ron Paul is a libertarian and a strict constructionist, this is exactly the sort of thing he wants to defend!"
Not so, dear friends, not so. The Due Process Clause has allowed the Federal Government to intervene in the South's plans for segregation in Brown v. Board of Education (following its misstep in Plessy v. Ferguson), but most notably allowed it jurisdiction over Texas' abortion laws in Roe v. Wade.
Ron Paul is opposed to the decision in Roe v. Wade allowing women in America the full and unconditioned Constitutional right to abort children in the first trimester. You need not look farther than this speech for proof.
Indeed, Ron Paul is now advocating H.R.300, which is nothing more than a move to remove the power of the above Due Process Clause (impossible anyway, since the Courts would simply deem the legislation unconstitutional).
I refer you all now to something of which I am positive Ya-Ta Boy is quite aware: the Southern Strategy. I allege Ron Paul's pledge for 'strict constructionism' is nothing but a sham. Furthermore, his wrapping himself up in the cause of libertarianism is disingenuous. Ron Paul speaks all too often about the need for Americans to return to the ideals of the Founding Fathers, i.e., the pre-Civil War Constitution, in other words, the Constitution as it was before the insertion of the 14th Amendment and its Due Process Clause. It is Ron Paul's renewed Southern Strategy, and the brilliance of it is that he can disguise it by supporting an anti-interventionist foreign policy that is palatable to liberals, too.
So I ask you, Ya-Ta Boy, to kindly stop referring to Ron Paul as a Libertarian. As I have tried show, he is nothing of the sort. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Oct 25, 2007 11:52 pm Post subject: |
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So I ask you, Ya-Ta Boy, to kindly stop referring to Ron Paul as a Libertarian. As I have tried show, he is nothing of the sort.
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Good post, Kuros. So far I've been taking RP at his word. Perhaps I shouldn't have been so 'liberal'-minded. In my defence, I have called him a reactionary. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Oct 26, 2007 12:02 am Post subject: |
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can you provide a link making the case that the southern states had plans to abolish slavery?
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One of the (many) ironies of the Civil War was that in the closing months of the fighting Jefferson Davis mentioned (I don't know how seriously it was considered) freeing slaves who would take up arms.
The real failure in leadership was among the Southern politicians in the decades before the War. They simply would not tolerate any discussion of any kind that would lead to a change in the status quo. There were a lot of ideas floating around about emancipation because many saw that slavery was an obsolete (as well as immoral) economic system.
I do believe if slavery hadn't been the particular issue, another one would have taken its place. The concept of States Rights needed to be settled once and for all. |
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cbclark4

Joined: 20 Aug 2006 Location: Masan
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Posted: Fri Oct 26, 2007 1:32 am Post subject: |
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All we ask is to be let alone.
Jefferson Davis
I worked night and day for twelve years to prevent the war, but I could
not. The North was mad and blind, would not let us govern ourselves, and
so the war came.
Jefferson Davis
If the Confederacy fails, there should be written on its tombstone:
Died of a Theory.
Jefferson Davis
Neither current events nor history show that the majority rule,
or ever did rule.
Jefferson Davis
Never be haughty to the humble or humble to the haughty.
Jefferson Davis |
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cbclark4

Joined: 20 Aug 2006 Location: Masan
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Posted: Fri Oct 26, 2007 1:36 am Post subject: |
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A system of capitalism presumes sound money, not fiat money
manipulated by a central bank. Capitalism cherishes voluntary contracts
and interest rates that are determined by savings, not credit creation by a
central bank.
Ron Paul
All initiation of force is a violation of someone else's rights, whether
initiated by an individual or the state, for the benefit of an individual or
group of individuals, even if it's supposed to be for the benefit of another
individual or group of individuals.
Ron Paul
Astonishingly, American taxpayers now will be forced to finance a multi-
billion dollar jobs program in Iraq. Suddenly the war is about jobs. We
export our manufacturing jobs to Asia, and now we plan to export our
welfare jobs to Iraq, all at the expense of the poor and the middle class
here at home.
Ron Paul
Capitalism should not be condemned, since we haven't had capitalism.
Ron Paul
Cliches about supporting the troops are designed to distract from failed
policies, policies promoted by powerful special interests that benefit from
war, anything to steer the discussion away from the real reasons the war
in Iraq will not end anytime soon.
Ron Paul
Deficits mean future tax increases, pure and simple. Deficit spending
should be viewed as a tax on future generations, and politicians who
create deficits should be exposed as tax hikers.
Ron Paul
Having federal officials, whether judges, bureaucrats, or congressmen,
impose a new definition of marriage on the people is an act of social
engineering profoundly hostile to liberty.
Ron Paul
How did we win the election in the year 2000? We talked about a humble
foreign policy: No nation-building; don't police the world. That's
conservative, it's Republican, it's pro-American - it follows the founding
fathers. And, besides, it follows the Constitution.
Ron Paul
I am absolutely opposed to a national ID card. This is a total contradiction
of what a free society is all about. The purpose of government is to
protect the secrecy and the privacy of all individuals, not the secrecy of
government. We don't need a national ID card.
Ron Paul
I am just absolutely convinced that the best formula for giving us peace
and preserving the American way of life is freedom, limited government,
and minding our own business overseas.
Ron Paul
I believe that when we overdo our military aggressiveness, it actually
weakens our national defense. I mean, we stood up to the Soviets. They
had 40,000 nuclear weapons. Now we're fretting day in and day and night
about third-world countries that have no army, navy or air force.
Ron Paul
I have never met anyone who did not support our troops. Sometimes,
however, we hear accusations that someone or some group does not
support the men and women serving in our Armed Forces. But this is pure
demagoguery, and it is intellectually dishonest.
Ron Paul
Legitimate use of violence can only be that which is required in self-
defense.
Ron Paul
Our country's founders cherished liberty, not democracy.
Ron Paul
Setting a good example is a far better way to spread ideals than through
force of arms.
Ron Paul
The moral and constitutional obligations of our representatives in
Washington are to protect our liberty, not coddle the world, precipitating
no-win wars, while bringing bankruptcy and economic turmoil to our
people.
Ron Paul
The most important element of a free society, where individual rights are
held in the highest esteem, is the rejection of the initiation of violence.
Ron Paul
The obligations of our representatives in Washington are to protect our
liberty, not coddle the world, precipitating no-win wars, while bringing
bankruptcy and economic turmoil to our people.
Ron Paul
Throughout the 20th century, the Republican Party benefited from a non-
interventionist foreign policy. Think of how Eisenhower came in to stop
the Korean War. Think of how Nixon was elected to stop the mess in
Vietnam.
Ron Paul
War is never economically beneficial except for those in position to profit
from war expenditures.
Ron Paul
When one gets in bed with government, one must expect the diseases it
spreads.
Ron Paul
You wanna get rid of drug crime in this country? Fine, let's just get rid of
all the drug laws.
Ron Paul |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Oct 26, 2007 12:21 pm Post subject: |
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Having federal officials, whether judges, bureaucrats, or congressmen,
impose a new definition of marriage on the people is an act of social
engineering profoundly hostile to liberty.
Ron Paul
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This one seems inconsistent. I get the part about 'federal officials' but I don't get the part where stopping discrimination against a group, thereby guaranteeing them a particular liberty everyone else already has, is 'hostile to liberty'. I suppose because it takes away some people's 'liberty' to discriminate against others. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Oct 27, 2007 4:30 am Post subject: |
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Ya-ta Boy wrote: |
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Having federal officials, whether judges, bureaucrats, or congressmen,
impose a new definition of marriage on the people is an act of social
engineering profoundly hostile to liberty.
Ron Paul
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This one seems inconsistent. I get the part about 'federal officials' but I don't get the part where stopping discrimination against a group, thereby guaranteeing them a particular liberty everyone else already has, is 'hostile to liberty'. I suppose because it takes away some people's 'liberty' to discriminate against others. |
This is completely consistent, but to understand, you have to study economics and the science of liberty. It's what I keep explaining to those of you that obviously haven't.
Ron Paul believes that marriage is not a function of government at all, at any level to define or regulate. That is, the dictionary definition is enough for governmental purposes.
Marriage should be a private contract between the individuals involved. The terms would be spelled out by the contract. A church or religion or some other group could be involved in defining what a marriage is under those circumstances where the individuals choose to involve such an institution.
This would allow individuals the right to marry without discrimination. It would leave marriage up to the individuals and their churches. The problems we have, and have had historically, with "gay" marriage or gay rights, or interracial marriage, and other discriminatory laws is that they try to consider groups and not individuals.
The government has no right to make laws that regulate the peaceful actions and choices of free individuals. The government has no right to look at people as groups. All acts of discrimination by race, color, creed, ethnic heritage, national origin, sex, sexual orientation etc. are a matter of the government ignoring the rights of the individual.
This "collectivism" also called fascism, socialism, nazism, communism - and yes, those are all the same ideology dressed up in different forms of propaganda, is the evil that causes all of our problems.
When you actually study liberty, you find that there are only two possible systems: collectivism and individualism. There are no other possible systems. All systems of government and economic organization fall under either one or the other type. No other type of system is mathematically or logically possible.
This is just like the myriad laws of physics which can now be described as two universal laws (and physicists are working on the creation of one unified law). |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Sat Oct 27, 2007 6:14 am Post subject: |
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The biological reality is that humans are social animals, not solitary ones. Think lions and tigers, chimpanzees and orangutans. Humans are not the individuals you claim we are. You teach psychology, so you are aware of this but choose to ignore it and its consequences. Interesting but not too surprising.
One of the functions of government is to protect the individual from the group when the group is wrong. That is what this marriage issue is about. As far as the state is concerned, marriage is a civil union. What happens in church is a result of personal belief and personal choice. When a minister, judge or ship captain marries two people he is acting as an agent of the state. A minister blesses the union, but that has nothing to do with the state, or marriage either. Churches are collectivities that you claim to distrust. From time to time, people must be protected from these collectivities, as when the rattlesnake churchies in Tennessee (or was it Kentucky?) insisted on turning rattlesnakes loose inside the city limits as part of their religious worship.
Another example of when the state must protect people from collectivities is when businesses run amok. Strip away the power of the government and you leave corporate power to act as it wishes. There are times when that is dangerous.
Your view of 'individualism' is romanticized and sentimental. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Oct 27, 2007 8:54 am Post subject: |
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Many psychological conditions such as alcoholism are treated as a failure of the patient to take personal responsibility for his own behavior and actions. Individualism is in fact the treatment that many patients need to cure their problems. The patient needs to become more independent, more of a responsible, self-reliant individual and abandon dependency and socailistic tendencies that lead to personal problems.
Last edited by ontheway on Sat Oct 27, 2007 9:01 am; edited 1 time in total |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat Oct 27, 2007 9:00 am Post subject: |
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And, back to the spirit of this thread:
A recent Rassmussen poll shows that Ron Paul is leading all Republican candidates among African American voters. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Sat Oct 27, 2007 2:01 pm Post subject: |
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a failure of the patient to take personal responsibility for his own behavior and actions |
You've finally said something I can agree with. Don't let it happen again, please. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Sun Oct 28, 2007 11:10 am Post subject: |
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Getting back to the spirit of the original post, does RP really believe that Lincoln was wrong to defend the Constitution or not?
As part of that, we know he objects to the jus soli part of the 14th Amendment. Would he alter only that part of it, or some larger part?
The genius of Madison's arrangement in the Constitution was not to deny that power exists, but to acknowledge the danger of power and construct a system of balancing forces to keep it in check. Much of the history of post-Civil War America is the history of the rise to power of corporate America and the struggle to protect laborers in a new and hostile environment. RP gives the impression that he would alter that by handing over power to corporations and leave the average person naked before the worst impulses of greedy capitalism. Is this true? |
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jdog2050

Joined: 17 Dec 2006
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Posted: Mon Oct 29, 2007 3:44 am Post subject: |
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Look, I'm black, and I support Ron Paul. The issue of slavery is moot since no one could possibly answer what they'd have done in Lincoln's position.
Also, I'll go on record as saying different era's need different types of government. I believe that there's a need for central government, but so many aspects of government have gotten completely out of control--the DEA, the IRS, the Central Bank...none of those are necessary, and it's pretty clear that the founders would have been against them. Hell, there's pretty solid evidence that the revolutionary war started because of central banking.
It's time for us to realize that for every bone the government tosses us--social security, affirmative action, "education"--there's ten ways that we're getting completely screwed over. Maybe we have to toss the baby out with the bathwater and start over. |
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