Antonin Scalia dead at 79.

[sabvre42]

JWeinCom said:

thranx said:

The federal government forcing people to do these things is unconstitoinal. Thats why the feds force states to enact the laws on their behalf through the use of freeway funding. Its a loophole that has been abused far too long. Each state has its own constitution that will allow or not allow certain things. But the constitiion is pretty clear, if it isnt written in the constitioon the power falls to the state. Healthcare should not be on a federal level but a state level. Its also why the supreme court decided that it was a tax.  What he is saying is in the context of your argument. You just dont seem to know how some laws work and how the federal government has used its heavy hand to force state and local governments to do what the fed is not allowed to. It all comes down to states rights vs federal.

What he is stating is not in the context of this conversation, because this conversation is not about which rights are delegated to the states or the federal government.  The conversation was about WHETHER IT IS CONSTITUTIONAL FOR THE GOVERNMENT AT ANY LEVEL TO FORCE PEOPLE TO DO CERTAIN THINGS. If the state can enforce a speed limit, then enforcing a speed limit is constitutional.  

Being a state law doesn't mean that it doesn't have to be constitutional.  So, when I said it is constitutional to force people to drive a certain speed limit, that is absolutely correct.  If you think it's not constitutional, then please sue the state for acting unconstitutionally next time you get a speeding ticket, and see how that goes..  I never ever ever stated that the federal government has the power to enforce speed limits.  Yet people are talking down to me as though I did. I was just giving examples of the government constitutionally forcing people to do things, with examples from different levels of government.  For fuck's sake people, learn to read.

 

The federal constitution governs federal rights. A state constitution is in addition to federal rights. If something is unconstitutional at a federal level, it can still be constitutional at a state.

 

You were making a strawman argument.