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Very Hot Topic (More than 25 Replies) Stories Commentaries (Read 2058 times)
Jeff
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Re: Stories Commentaries
Reply #160 - Nov 23rd, 2019 at 11:08am
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Little Biq Man wrote on Nov 23rd, 2019 at 10:54am:
It is pretty clear that Story accepted slavery which was not uncommon at the time.

It was common at the time for people to know that slavery was recognized by the Constitution, but that knowledge does not imply approval, or even acceptance.

Abolitionists were after all seeking legal ways to end slavery, both by abolishing it by law in their states, and by seeking to amend the Constitution to remove it from the entire nation.
  

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Jeff
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Re: Stories Commentaries
Reply #161 - Nov 23rd, 2019 at 11:12am
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Little Biq Man wrote on Nov 23rd, 2019 at 10:54am:
Fixed the way you addressed me as a courtesy.
I didn't address you, I merely replied to your post.

Had I wanted to address you, I would have said "Little BM..." and then proceeded with my comments. Smiley
  

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Little Biq Man
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Re: Stories Commentaries
Reply #162 - Nov 23rd, 2019 at 11:18am
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Jeff wrote on Nov 23rd, 2019 at 11:12am:
Little Biq Man My Sugar Daddy wrote Today at 10:54am:
Quote:
Fixed the way you addressed me as a courtesy.


I didn't address you, I merely replied to your post.

Had I wanted to address you, I would have said "Little BM..." and then proceeded with my comments. Smiley


Correct.  I should have said, "fixed the way you referred to me.  Since I made an error, I helped you again.

This will have to be the last time, though. 
  
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Jeff
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Re: Stories Commentaries
Reply #163 - Nov 23rd, 2019 at 2:28pm
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Little Biq Man wrote on Nov 23rd, 2019 at 11:18am:
Correct.  I should have said, "fixed the way you referred to me.
I didn't refer to you. Just as in this post, I replied to your post.
« Last Edit: Nov 23rd, 2019 at 7:31pm by Jeff »  

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Jeff
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Re: Stories Commentaries
Reply #164 - Nov 23rd, 2019 at 7:25pm
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Book 3, Chapter 18, Power to Establish Post Offices and Post-roads

Is very interesting reading. It starts with the post office.

§ 1119. The next power of confess is, “to establish post-offices and post-roads.” The nature and extent of this power, both theoretically and practically, are of great importance, and have given rise to much ardent controversy. It deserves, therefore, a deliberate examination. It was passed over by the Federalist with a single remark, as a power not likely to be disputed in its exercise, or to be deemed dangerous by its scope. The “power,” says the Federalist, “of establishing post-roads must, in every view, be a harmless power; and may, perhaps, by judicious management, become productive of great public conveniency. Nothing, which tends to facilitate the intercourse between the states, can be deemed unworthy of the public care.”1


There seems to be a statement of the purpose of the commerce clause in this, "to facilitate the intercourse between the states".
  

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Jeff
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Re: Stories Commentaries
Reply #165 - Nov 23rd, 2019 at 7:39pm
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This is of course a view from Story's time.

From Sect. 1121

"Already the post-office establishment realizes a revenue exceeding two millions of dollars, from which it defrays all its own expenses, and transmits mails in various directions over more than one hundred and twenty thousand miles. It transmits intelligence in one day to distant places, which, when the constitution was first put into operation, was scarcely transmitted through the same distance in the course of a week.3 The rapidity of its movements has been in a general view doubled within the last twenty years. There are now more than eight thousand five hundred post-offices in the United States; and at every session of the legislature new routes are constantly provided for, and new post-offices established. It may, therefore, well be deemed a most beneficent power, whose operations can scarcely he applied, except for good, and accomplish in an eminent degree some of the high purposes set forth in the preamble of the constitution, forming a more perfect union, providing for the common defence, and promoting the general welfare. "
  

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Re: Stories Commentaries
Reply #166 - Nov 24th, 2019 at 5:17pm
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Other than an attack on Story, which doesn't count as anything, everybody seems to be in agreement with everything I've pointed out so far.

That's pretty encouraging. Smiley
  

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Little Biq Man
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Re: Stories Commentaries
Reply #167 - Nov 25th, 2019 at 12:02pm
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Jeff wrote on Nov 24th, 2019 at 5:17pm:
Other than an attack on Story, which doesn't count as anything, everybody seems to be in agreement with everything I've pointed out so far.

That's pretty encouraging. Smiley


Yes, they are so overwhelmed with agreement that they are unable to comment.

  
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Re: Stories Commentaries
Reply #168 - Dec 14th, 2019 at 12:44pm
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Little Biq Man wrote on Nov 25th, 2019 at 12:02pm:
Yes, they are so overwhelmed with agreement that they are unable to comment.

Probably they just don't want to read any of the Commentaries.

Book 3, Chapter 5, Rules of Interpretation is interesting.

This section identifies the problems that have arisen, and some of the reasons for them:

§ 398. In this view of the matter, let us now proceed to consider the rules, by which it ought to be interpreted; for, if these rules are correctly laid down, it will save us from many embarrassments in examining and defining its powers. Much of the difficulty, which has arisen in all the public discussions on this subject, has had its origin in the want of some uniform rules of interpretation, expressly or tacitly agreed on by the disputants. Very different doctrines on this point have been adopted by different commentators; and not unfrequently very different language held by the same parties at different periods. In short, the rules of interpretation have often been shifted to suit the emergency; and the passions and prejudices of the day, or the favour and odium of a particular measure, have not unfrequently furnished a mode of argument, which would, on the one hand, leave the constitution crippled and inanimate, or, on other hand, give it an extent and elasticity, subversive of all rational boundaries.

This is certainly good advice:

§ 405. II. In construing the constitution of the United States, we are, in the first instance, to consider, what are its nature and objects, its scope and design, as apparent from the structure of the instrument, viewed as a whole, and also viewed in its component parts.

An excerpt from Sect. 405

...and whenever it is a question of power, it should be approached with infinite caution, and affirmed only upon the most persuasive reasons. In examining the constitution, the antecedent situation of the country, and its institutions, the existence and operations of the state governments, the powers and operations of the confederation, in short all the circumstances, which had a tendency to produce, or to obstruct its formation and ratification, deserve a careful attention. Much, also, may be gathered from contemporary history, and contemporary interpretation, to aid us in just conclusions.7
  

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Re: Stories Commentaries
Reply #169 - Dec 14th, 2019 at 7:38pm
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Little Biq Man wrote on Nov 25th, 2019 at 12:02pm:
Yes, they are so overwhelmed with agreement that they are unable to comment.



I'm sorry, I was busy fvcking your momma in the ass.  What was the question again?
  

Contest winner:  I predicted Kaz' meltdown
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