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View Diary: Dusting off "Inherent Contempt" (282 comments)

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    Sixth,

    If Congress has all the powers, the enumeration of powers would be utterly unnecessary and superfluous.  A basic rule of statutory construction is to not render any words a nullity.  Under your reasoning, all of the enumeration would be a nullity because it would all be encompassed under "all powers."

    Seventh, it is clear as day that Congress does not posses powers to appoint executive officials.  See Bowsher v. Synar.  Its role is limited to approving and maybe impeaching them.

    Eighth, Congressional acts have been repeatedly struck down as being ultra vires.  That of course could never happen if Congressional power was absolute.  Nothing could be ultra vires.  See Lopez v. united States; US v. Morrison.

    Ninth, Framers purposefully did not assign absolute power to any single branch as they expected that structural separation of powers both within the federal government and between federal and states is the greatest bulwark of liberty.  See federalist papers.

    Tenth, since the Constitution was created by assent of the states and by states voluntarily surrendering some of their own powers to the feds, it is bizarre to say the least to suggest that the states (some of which were quite skeptical about the whole thing) voluntarily surrendered the entirety of their sovereignty to a remote ruler.  It is especially bizarre to suggest that the states did it right in the wake of American Revolution.

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