OK, you got me. The preamble isn't law. Happy? I'm sorry ok?! I goofed. The point that I was trying to make (so many moons ago) is that defending the country is one of the primary responsibilities of the government not that the Preamble is law. I used the Preamble rather than Article 1, Section 8. Thanks to Howard, he bailed me out (btw thanks Howard) by citing Article 1, Section 8. Is it your contention that defense is not one of the primary responsibilities of the government? If so, why do you ignore Article 1, Section 8? You keep talking about the Preamble, but never Article 1, Section 8. Why?
Respectfully, Michael ----- Original Message ----- From: "Maureen" <[EMAIL PROTECTED]> To: "CF-Community" <[EMAIL PROTECTED]> Sent: Tuesday, October 02, 2001 11:13 AM Subject: Re: Preamble of the Constitution > At 11:48 PM 10/1/01 -0700, you wrote: > >For those interested in what the Supreme Court has actually said about the > >Preamble, rather than mere speculation, I happened, by pure coincidence, to > >stumble across this link today: > > > >http://caselaw.lp.findlaw.com/data/constitution/preamble/ > > > >It seems the Court does take quite seriously. > > > >H. > > PURPOSE AND EFFECT OF THE PREAMBLE > > Although the preamble is not a source of power for any department of the > Federal Government, 1 the Supreme Court has often referred to it as > evidence of the origin, scope, and purpose of the Constitution. 2 ''Its > true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the > nature and extent and application of the powers actually conferred by the > Constitution, and not substantively to create them. > > 1. Not a source of power > 2. Expounds...not substantively to create... > > In other words, it has no force of law, which is a statement of fact, not > speculation. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Get the mailserver that powers this list at http://www.coolfusion.com Archives: http://www.mail-archive.com/[email protected]/ Unsubscribe: http://www.houseoffusion.com/index.cfm?sidebar=lists
