And addressing global climate change is where?
Ahh, so you think that "global climate change" is somehow fundamentally different from environmental regulations?
You are playing a game.
You will note that the commerce clause does not mention "environmental regulation" but the reasoning it is used would of course the be the same reasoning for global climate change legislation. But no, you want to play the game of "but the words 'global climate change' aren't in the Constitution".
But of course, I'm sure, Learned Hand, that you understand how laws come from a Constitutional Basis but are not strictly limited to that which is explicitly written in the Constitution.
We've had laws and what is called a
LEGISLATIVE BRANCH since the Constitution was accepted.
Do you know what the Constitution says the LEGISLATIVE BRANCH CAN DO?
Article I, Section 8:
"The Congress shall have Power To lay and col
lect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"
Ooopsy! There's that "general welfare" and "common defense" thing. HOPEFULLY
you didn't think that was only in the Preamble did you?Interesting.
So it appears that your ignorance of the law extends to the Constitution as well? Or do you feel that since a law is not explicitly written in the Constitution it is "unjust"? How many property laws do we have to give up because this is the case?
And yes, I realize that the Commerce Clause has been expanded to allow for just about anything.
You seem to be on a one-man mission to overturn several centuries of laws here, lordbt. Quite the sysiphean task for one lone Libertarian.
But my bigger question is: if you dislike the "mob" so much that the laws that have been passed and adjudicated by the very systems put in place by the U.S. Constitution are so repellent to you, why do you stay in the U.S.?
It must be horrible here for you!
The left has used that and the "General Welfare" clause as a blank check on power for generations.
Is that why
RICHARD NIXON signed in the Clean Water act? He was sooooo Lefty! What a commie!
Once you understand that the purpose of the Constitution is to carve out clear limits on government power, you will see how the abuse of those two clauses works against the overarching purpose of the document.
Well, again, there's a couple centuries worth of legislation and judicial decisions you will have to slash through long before you get to even start touching global climate change issues!
You've got a big task ahead of you.
But again, you are using the existence of laws to justify those laws.
Again your ignorance of the law is not an impediment to me. You
are familiar with
stare decisis, correct?
Oh and it works to your advantage to, but likely you wouldn't know this either. Again, I return to an area of some interest to me and my work: intellectual property law. A patent once granted is presumed valid (35 USC sect 282). Which means if you were to do something inventive and get a patent and someone were to come along and try to invalidate your patent it would be a lot more effort for them simply because once the government has gone to the trouble to grant you a patent it is given automatic assumption of validity and the onus is put on the opposing party to provide evidence against this presumption.
This is kind of how the U.S. judicial and legislative systems work.
Again, the fact that you seem to have so little interest in understand how our government works must be a burden on you when you complain against it.
I am not saying you are not right to question a law, but it does seem to me you are being rather "selective", either that or you will be a busy boy attempting to get 2 centuries of laws overturned just so you won't have to have your right to burn unlimited gasoline infringed.
What a strange calculus you have run there.
I have been discussing the moral basis of law, you are enmeshed in legalism.
Oh, my bad, I thought we were discussing laws. I didn't realize you don't actually care about law but want a
philosophy discussion.
Well, if that's the case, I'm more a Utilitarian, ergo maximizing the benefit for the largest number. I'm a hedonist in the strict sense that I, like all other human animals, wish to maximize pain and minimize pleasure, but in my "hedonistic calculus" (a term you are no doubt familiar with from your philosophy classes) actually contains a term related to
social stability and
society.
Since I am a social animal, those rules which help stabilize society and maximize the benefits for the greatest number and minimize the pain for the greatest number benefit me and thereby increase my "pleasure" and decrease my "pain".
Unlike
you I cannot live on my own in a survivalist wonderland of pure individual rights. That's why I like society (and I don't call them "the mob") and I value the structure it brings.
I give up some of my liberties so that others can have more.
Most people understand this point sometime after about 2nd grade. But of course there are those who never seem to learn.
So now you have both my
legal and my
philosophical stances outlined rather roughly.
If you like we can limit the conversation to one or the other. But, I must warn you, that if you wish to complain that "the State" can not do thus or so, I will have to assume that you wish to limit the discussion to the
Legal.