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tpatt100 wrote: » Good enough? I know there were amendments that cover this
Mishra wrote: » I'll save on explaining this until after I ask this question. Because you haven't expressed your personal opinion, do you really think this clause means federal government can regulate whatever they want? Or least tell corporations how much overtime they are allowed to give their employees?
Mishra wrote: » Show me where Congress has these 2 powers under Article 1 Section 8 and you get a cookie.
alan2308 wrote: » So we can close the thread now?
Zartanasaurus wrote: » General Welfare + Necessary and Proper clauses.
Mishra wrote: » Necessary and Proper clause does not grant the federal government powers to do anything they want. It simply tells you that you are allowed to assume some laws to establish the FOREGOING POWERS (meaning the powers they listed in section . Like you can assume you need to make a law to build a office when establishing a postal system. Here is what general welfare means:“Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government"Do you really think this means the federal government can regulate overtime pay of corporations? If so, our founding fathers would completely disagree with you, and the overall purpose of the federal government. You want labor laws? The states are allowed to do anything they want to corporations as long as they aren't breaking the rights of US citizens.
tpatt100 wrote: » I am not sure but wasn't it the government who established labor laws that required overtime pay in the first place? To say they should stay out of the workplace because we got used to the earlier intervention seems contradictory. I figure now a days companies could easily get away with not paying overtime and telling plenty of people to suck it up and deal with it.
Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the 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," amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms "to raise money for the general welfare."
Mishra wrote: » Necessary and Proper clause does not grant the federal government powers to do anything they want.
tpatt100 wrote: » But what if they did away with over time and just paid you regular wage?
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