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I also made each comment author's name a link to all of that author's posts.
THanks Brazos. well, now I have another question. WHen does the ball pass from state to national?At one time, the Supreme Court would not have permitted Congress to enact a law such as a foreclosure moratorium, reasoning that it was beyond the power of the federal government. However, beginning with the New Deal and onward, the power of the federal government has expanded, and the Supreme Court has upheld most laws as long as they touch upon some part of interstate commerce. Traditionally, laws governing real property would not have been considered part of interstate commerce, but with the securitization of mortgages, that argument is gone.
Also, where does “equal protection†laws come into play? I was not protected, nor would I be treated in the same manner for not paying my rent, as these non-buyers. And what if a person were removed from their home last Thursday. They may have a reason to bring suit — I mean if the only reason a person is still in their home at this time is because some lazy person at the bank did not get thier file completed on time, but another hard working employee got their work done and that resulted in a non-buyer getting tossed out under the deadline … I think we have an issue.First, equal protection only precludes laws that have "no rational basis" -- which essentially is no prohibition at all -- unless the law singles people out on the basis of race, religion, or gender, at least at the federal level. In CA, sexual orientation is also included. But equal protection has never required that all laws treat everyone the same. A bank not foreclosing, however, does not implicate equal protection. Generally speaking, our constitutional rights only protect us from state action, not actions by private parties. E.g., Patrick deleting your posts would not be a First Amendment violation, because he is not a state actor. Obviously, constitutional law is a bit more complex than the above summary, but these are the basic concepts.
“I’m from the Government and I’m here to help you…†Ironic that the person who uttered those words (sarcastically) was responsible for the biggest increase in government spending in history, only to be outdone by George W. Bush. More like: “I’m from the government and I’m here to bankrupt the country.â€Dont get me started on that. Even today he embraced the same shithole policy from Bush not allowing CREW access to who lobbies to him directly? What f*** change?
THanks Brazos. well, now I have another question. WHen does the ball pass from state to national?At one time, the Supreme Court would not have permitted Congress to enact a law such as a foreclosure moratorium, reasoning that it was beyond the power of the federal government. However, beginning with the New Deal and onward, the power of the federal government has expanded, and the Supreme Court has upheld most laws as long as they touch upon some part of interstate commerce. Traditionally, laws governing real property would not have been considered part of interstate commerce, but with the securitization of mortgages, that argument is gone.
Also, where does “equal protection†laws come into play? I was not protected, nor would I be treated in the same manner for not paying my rent, as these non-buyers. And what if a person were removed from their home last Thursday. They may have a reason to bring suit — I mean if the only reason a person is still in their home at this time is because some lazy person at the bank did not get thier file completed on time, but another hard working employee got their work done and that resulted in a non-buyer getting tossed out under the deadline … I think we have an issue.First, equal protection only precludes laws that have “no rational basis†— which essentially is no prohibition at all — unless the law singles people out on the basis of race, religion, or gender, at least at the federal level. In CA, sexual orientation is also included. But equal protection has never required that all laws treat everyone the same. A bank not foreclosing, however, does not implicate equal protection. Generally speaking, our constitutional rights only protect us from state action, not actions by private parties. E.g., Patrick deleting your posts would not be a First Amendment violation, because he is not a state actor. Obviously, constitutional law is a bit more complex than the above summary, but these are the basic concepts. You need to go back further than the New Deal. The big shift in attitude about federal power happened during the Civil War. Going from "the united states are" to "the united states is" was the massive shift in authority. Everything since then has been incremental. Of course, most of this was inevitable. What we have today is just frustrating -- we have a big federal government that sucks up a lot of money and is responsible for doing a lot, and we still have big state governments doing the same. The amount of redundancy between the two is just staggering. I'd much prefer either state governments with a very thin layer of federal glue to hold them together, or a strong federal government with states mostly being responsible for issues like land use policies. Either way would work equally well from my perspective.
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