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Originally Posted by Undertoad
Nevertheless, there is great disagreement over what is and what is not Constitutional.
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Only among those seeking to get around the Constitution.
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Originally Posted by sycamore
If the Constitution is the be all end all, what is the point of further laws?
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The Constitution defines and limits the scope and role of the government. It grants Congress limited powers to carry out specific tasks such as providing a common DEFENSE. Congress is given the limited power to make laws in the specific areas mentioned only to carry out the specific goals mentioned. This means the point of the further laws is so that Congress can carry out those things and to do nothing else. For instance law enforcement is the domain of the states, and not of the federal government. Neither is charity, education, retirement, healthcare, and the vast majority of the other areas government has gotten involved in.
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Originally Posted by tw
There is no such thing
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Yes there is. What AI on computers can or can't comprehend is irrelevant. There are absolutes in the world. Government is the creation of the people and its powers are limited to what we as individuals can do and that we grant power to do.
As an individual I have no authority to tell anyone else what kind of medical procedures they can or can't have, whom they may or may not marry, what drugs they take, what type or number of guns they can or can't own, etc. This means that I can't grant this power to government. Nor can any of you. Nor can all of the people in America combined.
As individuals, we do not have the right to physically harm or endanger non-consenting others or their property. Only when this happens has a crime truly happened.
In the case of shouting "Fire!" in a crowded theater, you are endangering others. Your speech is not being infringed. You are free to say fire anywhere you like, but if you do so in a way that endangers others, the crime isn't what you said, it's that you endangered others with your actions. If you didn't say a word but set off smoke grenades and people ran out because they thought there was a fire and trampled others to death, it would be the exact same crime.