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Very Hot Topic (More than 25 Replies) Stories Commentaries (Read 1658 times)
Jeff
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Re: Stories Commentaries
Reply #150 - Nov 17th, 2019 at 6:16pm
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From Book 3, Chapter 14:

§ 906. The constitution was, from its very origin, contemplated to be the frame of a national government, of special and enumerated powers, and not of general and unlimited powers. This is apparent, as will be presently seen, from the history of the proceedings of the convention, which framed it; and it has formed the admitted basis of all legislative and judicial reasoning upon it, ever since it was put into operation, by all, who have been its open friends and advocates, as well as by all, who have been its enemies and opponents.

Edit: Story, and all the jurists and legal scholars who saw things clearly, as did Story, were "discredited" in the Progressive Era, when unlimited government was once again foisted on Americans.
  

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Little Biq Man
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Re: Stories Commentaries
Reply #151 - Nov 17th, 2019 at 6:30pm
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Little Biq Man wrote Today at 1:38pm:
Quote:
Or, option C:  Advocate for the banning slavery.


Jeff wrote on Nov 17th, 2019 at 2:19pm:
He may have done that. I don't know, but the Supreme Court bench is not the proper forum for that sort of thing.


Right, it is not.

But, he chose to be a Supreme Court Justice instead of an abolitionist.  I admit that is little petty; I was only countering your claim that he only had two options.

I think you might be right about the Fugitive Slave Act being unconstitutional.  Just as an intellectual exercise, suppose Story thought that legally, the FSA was constitutional but that reasonable arguments could be made that is was not.  Should he allow his personal feelings about slavery to influence a close decision?


  
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Jeff
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Re: Stories Commentaries
Reply #152 - Nov 17th, 2019 at 6:37pm
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Little Biq Man wrote on Nov 17th, 2019 at 6:30pm:
But, he chose to be a Supreme Court Justice instead of an abolitionist.
It was possible to sit on the Supreme Court and be an abolitionist.

I have no evidence that Story was an abolitionist, and haven't bothered to try to find out.
  

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Jeff
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Re: Stories Commentaries
Reply #153 - Nov 17th, 2019 at 6:39pm
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Little Biq Man wrote on Nov 17th, 2019 at 6:30pm:
Just as an intellectual exercise, suppose Story thought that legally, the FSA was constitutional but that reasonable arguments could be made that is was not.  Should he allow his personal feelings about slavery to influence a close decision?


Judges  making decisions based on their feelings? You're in wonderland again, no honest jurist would ever do that! Shocked
  

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Jeff
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Re: Stories Commentaries
Reply #154 - Nov 18th, 2019 at 8:43am
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This is exactly the sort of thing that people who ratified the Constitution were sure could never happen:

https://www.msn.com/en-us/news/us/trump-administration-ousts-top-homelessness-of...

"The Trump administration is still actively exploring options for a crackdown on homelessness aimed at California, a process that has been ongoing for months, according to one person with knowledge of the planning who spoke on the condition of anonymity to share internal information."

Is this some power that was granted to presidents by the Constitution?

If Congress has supposedly granted such power to the president, where did congress get the authority?  From the general welfare clause? Cheesy

Who knew there was a Federal Interagency Council on Homelessness?

"Doherty was appointed in 2015 under the Obama administration to lead the U.S. Interagency Council on Homelessness, which is tasked with coordinating the federal response to homelessness across 19 agencies, including the Departments of Housing and Urban Development; Education; Labor and Commerce."

Who can possibly know what powers they have been given, or what they are supposed to be doing?

Here's their puff piece about themselves...

https://www.usich.gov/about-usich/

"By organizing and supporting leaders such as Governors, Mayors, Continuum of Care leaders, and other local officials, we drive action to achieve the goals of the federal strategic plan to prevent and end homelessness—and ensure that homelessness in America is ended once and for all."

Who knew there was a federal strategic plan to prevent and end homelessness...

This is simply central planning by bureaucrats. It won't work. It will waste huge amounts of resources. There will be lots of graft and corruption, and plenty of Kelo takings.

From the law authorizing their existence, we learn about the personnel and their powers:

SEC.  204.  DIRECTOR AND  STAFF.                                  Wages.                  (a) DIRECTOR.—The  Council  shall  appoint  an Executive  Director,  who  shall be compensated  at a rate  not to exceed the rate  of basic .  '..  /  pay payable for level V of the  Executive  Schedule under  section  5316  n               of title  5, United  States  Code. The  Council  shall  appoint an  Executive  Director at the first  meeting  of the  Council  held  under  section  202(c). (b)  ADDITIONAL  PERSONNEL.—With  the  approval   of  the  Council,  the  Executive  Director  of the  Council  may appoint  and  fix the compensation  of such additional  personnel  as the Executive  Director  considers necessary to carry out the duties  of the  Council.  (c)  DETAILS  FROM  OTHER  AGENCIES.—Upon  request  of the  Council,  the  head  of any  Federal  agency  may detail, on a reimbursable  b£isis,  any  of the personnel  of such  agency  to the Council  to  assist the Council  in carrying  out its duties  under  this  title.  Upon  request of the  Council,  the  Secretary  of  Health  and Human   Services  shall  detail, on a reimbursable  basis, any  of the  personnel  of the  Department  of Health  and Human  Services  who  have  served  the Federal Task  Force on the Homeless of the Department to assist the  Council  in carrying out its duties under this title. (d)   ADMINISTRATIVE   SUPPORT,—The   Secretary   of   Housing   and   Urban  Development  shall provide the  Council with such  administrative and support  services as are necessary to ensure that the  Council  carries  out its functions  under  this  title  in an efficient  and expeditious  manner.  (e) EXPERTS  AND CONSULTANTS.—With the  approved  of the  Council,  the  Executive  Director  of the  Council  may  procure  temporary and intermittent  services  under  section  3109(b)  of title  5, United  States  Code. 42 use  11315.         SEC. 205. POWERS.                                                                                            ^ * (a)  MEETINGS.—For  the  purpose  of  carrying  out  this  title, the Council  may  hold  such  meetings, and sit and act at such  times and places, as the Council considers  appropriate. 

https://www.govinfo.gov/content/pkg/STATUTE-101/pdf/STATUTE-101-Pg482.pdf
  

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Jeff
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Re: Stories Commentaries
Reply #155 - Nov 22nd, 2019 at 6:08pm
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From Book 3, Chapter 3:

§ 316. It is a compact freely, voluntarily, and solemnly entered into by the several states, and ratified by the people thereof respectively; freely, there being neither external nor internal force or violence to influence, or promote the measure; the United States being at peace with all the world and in perfect tranquility in each state; voluntarily, because the measure had its commencement in the spontaneous acts of the state legislatures, prompted by a due sense of the necessity of some change in the existing confederation; and solemnly, as having been discussed, not only in the general convention, which proposed and framed it; but afterwards in the legislatures of the several states; and finally in the conventions of all the states, by whom it was adopted and ratified.10
  

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Jeff
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Re: Stories Commentaries
Reply #156 - Nov 23rd, 2019 at 8:40am
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An interesting book review

https://www.lawliberty.org/2018/03/12/failed-attempt-to-cut-marshall-and-story-d...

From the review:

"Justice Story, in this light, presents a bit of a problem. He has always been regarded as an ardent opponent of slavery. The author does concede that he was, in his early years. “In 1819-20 he was truly a just judge,” writes Finkelman sanctimoniously. He offers no explanation as to why Story became more accommodating to slavery later; but again, the 1819-20 period looks pivotal. More to the point is the question of whether Story really did alter his views."
  

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Little Biq Man
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Re: Stories Commentaries
Reply #157 - Nov 23rd, 2019 at 10:13am
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Jeff wrote on Nov 23rd, 2019 at 8:40am:
An interesting book review

https://www.lawliberty.org/2018/03/12/failed-attempt-to-cut-marshall-and-story-d...

From the review:

"Justice Story, in this light, presents a bit of a problem. He has always been regarded as an ardent opponent of slavery. The author does concede that he was, in his early years. “In 1819-20 he was truly a just judge,” writes Finkelman sanctimoniously. He offers no explanation as to why Story became more accommodating to slavery later; but again, the 1819-20 period looks pivotal. More to the point is the question of whether Story really did alter his views."


Well, that actually is interesting.  I can't think if any other historical figure who took a more positive view of slavery later in life.  Many wrote against slavery as older people, having spent a lifetime enjoying the benefits they accrued though slavery.
  
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Jeff
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Re: Stories Commentaries
Reply #158 - Nov 23rd, 2019 at 10:28am
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Little Biq Man wrote on Nov 23rd, 2019 at 10:13am:
Well, that actually is interesting.  I can't think if any other historical figure who took a more positive view of slavery later in life.
What evidence would you present to support the contention that Story changed his views on slavery? I don't think he did.
  

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Re: Stories Commentaries
Reply #159 - Nov 23rd, 2019 at 10:54am
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Jeff wrote on Nov 23rd, 2019 at 10:28am:
Little Biq Man My Sugar Daddy wrote Today at 10:13am:
Quote:
Well, that actually is interesting.  I can't think if any other historical figure who took a more positive view of slavery later in life.

What evidence would you present to support the contention that Story changed his views on slavery? I don't think he did.


Fixed the way you addressed me as a courtesy.

I have no evidence that Story changed his views on slaver.  I thought that was what the post I replied to was about.

It is pretty clear that Story accepted slavery which was not uncommon at the time.

  
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