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	<title>Comments on: Randy Barnett&#8217;s Proposed &#8220;Federalism Amendment&#8221;</title>
	<atom:link href="http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/feed/" rel="self" type="application/rss+xml" />
	<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/</link>
	<description>Proceeding Ever More Boldly Against Evil</description>
	<lastBuildDate>Wed, 19 Jun 2013 03:39:50 +0000</lastBuildDate>
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		<title>By: Mark Watson</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-536753</link>
		<dc:creator>Mark Watson</dc:creator>
		<pubDate>Sun, 26 Apr 2009 17:52:21 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-536753</guid>
		<description><![CDATA[I am fairly convinced this amendment needs work- if not complete overhaul.

Now, something I have not read much about concerning secession- but besides losing all the &quot;bennies&quot; that come with Nationalism, what about the idea or I would hope fact, that upon secession, the representatives in Congress in house and senate must be recalled and the positions and offices in Washington closed.  If your state secedes and you were Senator before becoming President, do you vacate the office?- and all your cronies?  Please God let Illinois secede first! I know- what a laugh- with Lincolns face plastered on our license plates.

There would probably need to be a special envoy like a consulate office for each state in DC if they wanted one- much like they have for foreign nations - but heaven help us if they began to run like congressional offices all over again!

Forgive me for giving away a possible circumvention.

Ex-Pat anyone?
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		<content:encoded><![CDATA[<p>I am fairly convinced this amendment needs work- if not complete overhaul.</p>
<p>Now, something I have not read much about concerning secession- but besides losing all the &#8220;bennies&#8221; that come with Nationalism, what about the idea or I would hope fact, that upon secession, the representatives in Congress in house and senate must be recalled and the positions and offices in Washington closed.  If your state secedes and you were Senator before becoming President, do you vacate the office?- and all your cronies?  Please God let Illinois secede first! I know- what a laugh- with Lincolns face plastered on our license plates.</p>
<p>There would probably need to be a special envoy like a consulate office for each state in DC if they wanted one- much like they have for foreign nations &#8211; but heaven help us if they began to run like congressional offices all over again!</p>
<p>Forgive me for giving away a possible circumvention.</p>
<p>Ex-Pat anyone?</p>
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		<title>By: JC Butte</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535753</link>
		<dc:creator>JC Butte</dc:creator>
		<pubDate>Fri, 24 Apr 2009 15:15:18 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535753</guid>
		<description><![CDATA[Any clause prohibiting armed insurrection against the US government would be a direct repudiation of the second amendment.]]></description>
		<content:encoded><![CDATA[<p>Any clause prohibiting armed insurrection against the US government would be a direct repudiation of the second amendment.</p>
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		<title>By: Evan Bailey</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535517</link>
		<dc:creator>Evan Bailey</dc:creator>
		<pubDate>Fri, 24 Apr 2009 05:01:22 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535517</guid>
		<description><![CDATA[This amendment needs teeth.  Otherwise, it will just be ignored like Article 1, Section 8 and the 10 Amendment.
The teeth could take the form of secession, but are there any other options?]]></description>
		<content:encoded><![CDATA[<p>This amendment needs teeth.  Otherwise, it will just be ignored like Article 1, Section 8 and the 10 Amendment.<br />
The teeth could take the form of secession, but are there any other options?</p>
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		<title>By: David Spellman</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535504</link>
		<dc:creator>David Spellman</dc:creator>
		<pubDate>Fri, 24 Apr 2009 04:27:49 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535504</guid>
		<description><![CDATA[We do not need more amendments to the constitution--we need less, as in, repeal most of the double digit numbered amendments.

When new amendments are proposed, there is always a minor concession to liberty that is overwhelmed--even nullified--by the larger grant of powers to the government.  I have not seen an amendment proposed in our lifetimes that would improve our government.  They are all subtle attempts to overthrow what little freedom we have and incorporate it into the constitution.

It would be much better to at least keep the constitution intact and ignored than to destroy it outright.  It would be fantastic if someday the people rose up and destroyed the usurper government and restored a constitutional government.  I hope that someday the darkness in the hearts and minds of the People will be enlightened.]]></description>
		<content:encoded><![CDATA[<p>We do not need more amendments to the constitution&#8211;we need less, as in, repeal most of the double digit numbered amendments.</p>
<p>When new amendments are proposed, there is always a minor concession to liberty that is overwhelmed&#8211;even nullified&#8211;by the larger grant of powers to the government.  I have not seen an amendment proposed in our lifetimes that would improve our government.  They are all subtle attempts to overthrow what little freedom we have and incorporate it into the constitution.</p>
<p>It would be much better to at least keep the constitution intact and ignored than to destroy it outright.  It would be fantastic if someday the people rose up and destroyed the usurper government and restored a constitutional government.  I hope that someday the darkness in the hearts and minds of the People will be enlightened.</p>
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		<title>By: redshirt</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535495</link>
		<dc:creator>redshirt</dc:creator>
		<pubDate>Fri, 24 Apr 2009 04:09:49 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535495</guid>
		<description><![CDATA[Woods makes the point the founders fully understood that enumeration of powers logically trumps any notion of broad power that might be extrapolated from a single clause. Unfortunately, stupid people (or politically motivated people) got a hold of those clauses and decided that they apply more broadly. Obviously, if powers are enumerated then any clause that would seem to indicate greater generality would only apply to carrying out the enumerated powers and not to other possible new powers. This was the explanation that was necessary to get the Constitution ratified in the first place.

An amendment then would only have to clarify the language of those phrases to specifically be applied to the fulfillment of the enumerated powers.

BUT, these things are pointless in that the FEDERAL government appoints the attendees to a con-con and would be incalculably dangerous to put this Senate and Congress, under the influence of this President in charge of appointing the team.]]></description>
		<content:encoded><![CDATA[<p>Woods makes the point the founders fully understood that enumeration of powers logically trumps any notion of broad power that might be extrapolated from a single clause. Unfortunately, stupid people (or politically motivated people) got a hold of those clauses and decided that they apply more broadly. Obviously, if powers are enumerated then any clause that would seem to indicate greater generality would only apply to carrying out the enumerated powers and not to other possible new powers. This was the explanation that was necessary to get the Constitution ratified in the first place.</p>
<p>An amendment then would only have to clarify the language of those phrases to specifically be applied to the fulfillment of the enumerated powers.</p>
<p>BUT, these things are pointless in that the FEDERAL government appoints the attendees to a con-con and would be incalculably dangerous to put this Senate and Congress, under the influence of this President in charge of appointing the team.</p>
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		<title>By: Jardinero1</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535490</link>
		<dc:creator>Jardinero1</dc:creator>
		<pubDate>Fri, 24 Apr 2009 03:56:55 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535490</guid>
		<description><![CDATA[I think an amendment which nullifies the commerce clause and the necessary and proper clause would do far more to restore state prerogatives than any federalism amendment would.]]></description>
		<content:encoded><![CDATA[<p>I think an amendment which nullifies the commerce clause and the necessary and proper clause would do far more to restore state prerogatives than any federalism amendment would.</p>
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		<title>By: Brutus</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535221</link>
		<dc:creator>Brutus</dc:creator>
		<pubDate>Thu, 23 Apr 2009 12:12:13 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535221</guid>
		<description><![CDATA[&quot;I fail to see the usefulness of amendments since they&#039;re continually ignored.&quot;

I completely agree. As Dr. Hoppe has pointed out regularly, this is a State Constitution interpreted by the State. The State will always interpret the document to justify its expansion. Amendments which limit its power are ignored or reinterpreted to augment the power of the State. Of course, this is exactly what the anti-Federalists predicted. 

I think our efforts would be better used in convincing people that &lt;A href=&quot;http://bothwell.typepad.com/whos_your_nanny/2008/12/re-the-meaningless-constitution.html&quot;&gt;the Constitution is meaningless&lt;/a&gt; rather than dreaming up new amendments which will probably never be ratified or if they are ratified, will become justifications by the State to expand its power.

]]></description>
		<content:encoded><![CDATA[<p>&#8220;I fail to see the usefulness of amendments since they&#8217;re continually ignored.&#8221;</p>
<p>I completely agree. As Dr. Hoppe has pointed out regularly, this is a State Constitution interpreted by the State. The State will always interpret the document to justify its expansion. Amendments which limit its power are ignored or reinterpreted to augment the power of the State. Of course, this is exactly what the anti-Federalists predicted. </p>
<p>I think our efforts would be better used in convincing people that <a href="http://bothwell.typepad.com/whos_your_nanny/2008/12/re-the-meaningless-constitution.html">the Constitution is meaningless</a> rather than dreaming up new amendments which will probably never be ratified or if they are ratified, will become justifications by the State to expand its power.</p>
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		<title>By: Stephan Kinsella</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535197</link>
		<dc:creator>Stephan Kinsella</dc:creator>
		<pubDate>Thu, 23 Apr 2009 10:52:07 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535197</guid>
		<description><![CDATA[On my facebook page linking to this post, one commentator writes:

&quot;I fail to see the usefulness of amendments since they&#039;re continually ignored.&quot;

Another responds: &quot;Indeed. In regard to federalism, Barnett&#039;s propopsed amendment would restate the continuously ignored Tenth Amendment, except that it would legitimize the bogus Incorporation Doctrine -- a bit of judicial usurpation that Barnett approves. In other words, where not redundant, it&#039;s largely harmful.&quot;]]></description>
		<content:encoded><![CDATA[<p>On my facebook page linking to this post, one commentator writes:</p>
<p>&#8220;I fail to see the usefulness of amendments since they&#8217;re continually ignored.&#8221;</p>
<p>Another responds: &#8220;Indeed. In regard to federalism, Barnett&#8217;s propopsed amendment would restate the continuously ignored Tenth Amendment, except that it would legitimize the bogus Incorporation Doctrine &#8212; a bit of judicial usurpation that Barnett approves. In other words, where not redundant, it&#8217;s largely harmful.&#8221;</p>
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		<title>By: Stephan Kinsella</title>
		<link>http://archive.mises.org/9837/randy-barnetts-proposed-federalism-amendment/comment-page-1/#comment-535170</link>
		<dc:creator>Stephan Kinsella</dc:creator>
		<pubDate>Thu, 23 Apr 2009 09:40:08 +0000</pubDate>
		<guid isPermaLink="false">http://blog.mises.org/archives/009837.asp#comment-535170</guid>
		<description><![CDATA[An reader sent me this email: 

&quot;I&#039;m confused as to why Barnett&#039;s Section 2 even discusses &quot;acts of war or violent insurrection against the United States.&quot; Doesn&#039;t Article I already address this? And don&#039;t the centralists already view secession as inherently unconstitutional? If so, why do they need an amendment saying so?

I also doubt that section 2 would seriously crimp federal regulatory activity. There are tons of FTC justifications for regulating intrastate commerce. I doubt the FTC would surrender just because they&#039;d be violating yet another constitutional provision.

Indeed, Barnett would&#039;ve been better off proposing an amendment banning &quot;regulatory&quot; agencies.]]></description>
		<content:encoded><![CDATA[<p>An reader sent me this email: </p>
<p>&#8220;I&#8217;m confused as to why Barnett&#8217;s Section 2 even discusses &#8220;acts of war or violent insurrection against the United States.&#8221; Doesn&#8217;t Article I already address this? And don&#8217;t the centralists already view secession as inherently unconstitutional? If so, why do they need an amendment saying so?</p>
<p>I also doubt that section 2 would seriously crimp federal regulatory activity. There are tons of FTC justifications for regulating intrastate commerce. I doubt the FTC would surrender just because they&#8217;d be violating yet another constitutional provision.</p>
<p>Indeed, Barnett would&#8217;ve been better off proposing an amendment banning &#8220;regulatory&#8221; agencies.</p>
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