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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 12:26 PM
Original message
The congress shall have 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.

To borrow money on the credit of the United States.

This is in the Constitution. I do not read anywhere that it has the ability to lower taxes.

It is the congress that shall provide for the, paying of debts, the common good and the general welfare of the United States and they sure have failed us under the republicans.

You still want to blame the president?

http://www.usconstitution.net/const.html#A1Sec8.
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 12:50 PM
Response to Original message
1. The power to raise taxes implies the power to lower or remove taxes......nt
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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 12:52 PM
Response to Reply #1
2. I do not read it that way. The constitution does not imply.
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 12:59 PM
Response to Reply #2
3. The Constitution does not imply? Better Google 'US Constitution implied powers.' nt
Edited on Sat Jul-23-11 01:00 PM by suston96
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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:04 PM
Response to Reply #3
4. show me that article or ammendment in the constitution.
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:17 PM
Response to Reply #4
6. Pick your own article from Google........
Edited on Sat Jul-23-11 01:19 PM by suston96
The Constitution is a skeletal framework of government with the filling in or fleshing out left to the people - the governed - through their representatives.

There is nothing in the Constitution creating an FCC or NASA and all such agencies necessitated by the advancements in industry and technology.

In that Google I suggested you will find what you need including US Supreme Court cases regarding such implied powers.

http://www.answers.com/topic/implied-powers
Implied Powers

One of the basic axioms of constitutional law is that Congress may take no action that is not authorized by the Constitution. The most obvious source of congressional authority is the enumeration of specific powers in Article I, section 8. The doctrine of implied powers allows Congress to exercise authority that is implied by these specific grants of power.

The textual justification for the doctrine of implied powers is Article I, section 8, paragraph 18, which provides that Congress shall have authority to “make all Laws which shall be necessary and proper for carrying into Execution the Powers.” The scope of this Necessary and Proper Clause was a subject of heated debate in the late eighteenth and early nineteenth centuries. Thomas Jefferson argued that the clause gave Congress authority only to enact measures absolutely necessary to implementation of the enumerated powers; Alexander Hamilton, by contrast, contended that the clause empowered Congress to adopt any measure having a natural relationship to the subjects specifically mentioned. The dispute was settled by Chief Justice John Marshall in McCulloch v. Maryland (1819). There, finding that Congress had authority to charter a bank, the Supreme Court clearly adopted the Hamiltonian view: “Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the constitution, are constitutional” (p. 421). Thus, the doctrine of implied powers became firmly established as a significant source of federal authority.




Read more: http://www.answers.com/topic/implied-powers#ixzz1SxBDrV9N
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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:22 PM
Response to Reply #6
7. My link is the constitution, Show me anything that says implied powers. google and ask .com will
have an answer to please any thought. Google will tell me the earth is flat if I ask it.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:35 PM
Response to Reply #7
8. You Mis-Understand The Language, Sir
In the usage of the day, 'to lay' as emploted in the phrase 'to lay and collecy taxes' means to impose a tax, to lay it on the public as a legal duty. Imposing a tax necessarily involves setting its rate, and nothing in the langage restricts alteration of the rate n any direction.
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:37 PM
Response to Reply #7
9. You need to do more research if you truly have no concept of implied powers.
Edited on Sat Jul-23-11 01:38 PM by suston96
The US Constitution is on a couple of pages which is way too short to define in detail how our nation shall be governed.

The quotes I posted are from a US Supreme Court decision early in our history as allowed by the Constitution. When the Constitution is not clear or detailed enough, the US Supreme Court becomes involved in clarifying or detailing its meaning:

"Affirmation by McCulloch v. Maryland (in McCulloch v. Maryland (law case))

U.S. Supreme Court case decided in 1819, in which Chief Justice John Marshall affirmed the constitutional doctrine of Congress’ “implied powers.” It determined that Congress had not only the powers expressly conferred upon it by the Constitution but also all authority “appropriate” to carry out such powers. In the specific case the court held that Congress had the power..."

That's a record of the US Supreme Court case which established both the concept of implied powers and the authority of the US Supreme Court to become involved in the interpretation of the US Constitution.

Now, clearly, no one can be so unaware of McCullough v Maryland and Chief Justice John Marshall and question the doctrine of implied powers.

Actually, right now, I am supporting a detailed amendment to the US Constitution removing the national budget from partisan congressional bickering and infighting. I guess that means I am sort of on your side about constitutional detail.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:07 PM
Response to Original message
5. The 14th Amendment was ratified after the Constitution. If there is any power to raise the
debt limit in the 14th, it will trump.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 01:48 PM
Response to Original message
10. They can lower taxes
That's how the can help create a deficit.

But blaming the President is wrong, since there is a debt ceiling, enacted by some earlier congress and President, and so if we are to borrow more, the House has to agree to raise it.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 04:20 PM
Response to Original message
11. Always remember the order the branches of government are listed in the Constitution.
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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 05:08 PM
Response to Original message
12. I understand the implied power thing, I just do not agree with it.
Wikipedia, the free encyclopedia

Implied powers, in the United States, are those powers authorized by a legal document (from the Constitution) which, while not stated, are seemed to be implied by powers expressly stated. When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests<1> of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the classic statement for implied powers.<2> Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means which it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the "general welfare clause" and the "necessary and proper clause" gave elasticity to the constitution. Hamilton won the argument with Washington, who signed his Bank Bill into law.
Are seemed to be implied?
Congress shall pay all debts implies the President shall pay all debts.
Congress shall protect the common good implies Congress can tell us to go fuck ourselves and ruin the common good. I get it now..
Please excuse my implications.
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Cool Logic Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-23-11 05:09 PM
Response to Original message
13. The power to lay entails the power to adjust, alter, eliminate, or replace
as deemed necessary by the Congress in the performance of their Constitutional duties.

In response to your final point: There is more than enough blame to go around. And that applies not only to our present elected officials, but to their predecessors as well.
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Igel Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 02:43 PM
Response to Original message
14. Depends what the president's accused of, actually.
In any event, Congress has the power to pay the debt. Show me where it must pay the debt.

It has the power to levy taxes. Show me where it must levy taxes.

It has the power to declare war. Show me where it must declare war.

The power to borrow entails the power not to borrow. Otherwise we must say that the Congress is Constitutionally required to borrow as much as it can at all times. The power to declare war entails that the Congress has the power not to declare war. Otherwise Congress must be continually declaring war against states--after a while they'd run out, of course. The power to levy and collect taxes entails the power to not levy and collect taxes. Otherwise the Congress must continually levy and collect taxes; since a tax levied results in an ongoing tax, to continually levy taxes can only mean to continually levy new taxes. Eventually, when everything is taxed at 100% Congress must stop.

Note, however, that even then, Congress' power is not even. It can declare war on its own. It cannot always levy and collect taxes on its own; a levy is a bill, and is subject to the President's veto (or else the Constitution must be seen as mandating that Representatives and Senators cast their votes in certain ways); and collecting taxes is an executive function, I would think, not a legislative function.

Similarly, the 14th Amendment gives the authority to Congress to enforce that amendment by appropriate legislation. It doesn't mention the president, and if Congress chooses to not exercise authority I'm unsure what the Amendment would require the Congress to do. It's not like it has a large genome packed with information that can be unpacked and transcribed, with Congress required to sign off on it.

However, Congress' responsibility is, strictly speaking, limited. It passes a declaration of war and the president can sit and snicker. It cannot command the army and send it into battle. It can pass a tax bill that the President vetoes; if it can't override the veto, it's done its part. It can pass a spending bill or for borrowing money; if the President vetoes it, the responsibility is shared. They have to act as a team for war, for taxes, for spending, for borrowing. Neither can act on his/their/its own, however much each seems to consider his/its will sort of part of Natural Law and therefore unchangeable and unimpeachable.

So Congress is declaring that a fairly significant government shutdown is preferable to a debt ceiling increase that doesn't include deficit reduction or entitlement program changes. Obama is also saying that a fairly significant government shutdown is preferable to a debt ceiling increase that only covers the short term or deficit reduction that doesn't include revenue increases. In this case, it takes 3 to tango.
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pwb Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 04:53 PM
Response to Reply #14
15. Artucle one section eight in the link I provided says
Congress shall have the power to pay the debt.

What is your definition of.... Shall.?

It always has paid the debt.
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