@Thomas,
Thomas wrote:1) In what sense, then, was the "war on communism" not a metaphor?
From Marx & Lenin, orthodox communist doctrine was that
communism was a system of
WORLD government
and that the world must be conquered and held in subjection
by military force to accept communism.
The red star that was above the Kremlin
symbolized the continents of the world
to be conquered and the color represented the blood
that was to be shed in the future of this conquest.
Thay were very willing to annihilate the rich and the middle classes.
Indeed, in Cambodia, the Reds murdered anyone found wearing eyeglasses,
or a wristwatch, as being representative of too much riches.
Thay coud be radical, and be sadistic; thay were.
Their intelligence operatives, secret police, NKVD
et seq,
were very deadly, almost Ninja-like. My impression was that
thay were more deft than the CIA (but call me "paranoid").
Anyway, in addition to subversion, the Reds fought occasional
wars (e.g., Korea, Viet Nam), sometimes including revolutions,
e.g., China, Cuba: thay were generating an earnest effort,
fanatical effort, to conquer the world and to murder the decent
people, after each Red military success, and to
enslave
the rest of the population.
This was the Third World War; ofen A/K/A: the "Cold War".
There was nothing metaforical about it; it was
too real.
Thomas wrote: In what sense was it not a "legal nullity"?
Unlike the nazis, who openly declared war upon us,
the commies waged war upon us as covertly as possible,
tho as I said, there were a few open wars.
Anyway, there never came a time that Congress declared war on
communism, as distinct from when it did declare war on nazism.
Hence, as to the nazis, it was a legal fact that we were at war,
duly recorded in the Congressional Record; not so qua the commies.
We cannot point to any date that war was declared upon communism,
but of course the 3rd World War was well funded by Congress
to the tune of billions of $$ per year; maybe trillions of $$ all told,
in addition to many 1000s of casualties of American soldiers
in the open wars that were incidental to the broader Third World War.
Is that explanation satisfactory?
I surmize that u and I both lived thru these times, Thomas.
It surprizes me that u raise such an elementary question.
Thomas wrote:2) I notice with interest that you are justifying Congress's
subpoena power with the "necessary and proper" clause.
I did so in the belief (perhaps, in error) that the authority of Congress
to issue subpoenas was unchallenged and accepted by everyone.
It did not occur to me that this was a matter of controversy.
Perhaps this may be attributed to the failing memory of old age,
but I do not remember that this particular challenge was asserted
against either Sen. McCarthy or HUAC.
I fail to remember any great controversy in the 1950s
over whether or not Congress had
the power of subpoena.
Perhaps it is just my poor memory,
but I do not remember a dispute in the 1950s over whether
Congress can investigate. Maybe it happened, and I just forgot.
Do
YOU remember a dispute of this nature at that time, Thomas?
Surely, there were OTHER investigations; remember those of Estes Kefauver ?
Thay got a huge amount of press coverage.
AGAIN, I do not remember anyone saying that Congress shoud
mind its own business; it has
NO power to investigate,
nor any subpoena power. I just don 't remember that argument
being raised; maybe u do.
I can conceive of a plausible (?) argument
that Congress has jurisdiction to regulate interstate commerce.
In order to
KNOW what it
is that Congress has before it
to regulate, it must find out; hence, it is "necessary and proper"
for Congress to enact a law to compel attendance of factual witnesses.
Thomas wrote: As it happens, the current Congress that Obamacare is necessary
and proper to provide for the general welfare of the United States.
Your remarks sweep very, very broadly
and include too many things in a tacit, clandestine jumble there,
that we must separate.
Neither use of the language "general welfare" as it appears
in the Preamble, nor in Article I Section 8, can be taken to
confer a
grant of jurisdiction upon Congress to do whatever it
feels like, if only it alleges that it does so "in the general welfare";
if it
DID, then Congress wud become an
unlimited
oligarchy that was free to suspend elections, retaining the
incumbents indefinitely at large multiples of salary,
in the "general welfare."
The Preamble is only aspirational,
not operative to create new jurisdiction.
The sentence employing those words in Article I Section 8
only grant Congress the power to
COLLECT TAXES,
whose revenues will thereafter be used in the general welfare.
The grant of power is
ONLY TO COLLECT TAXES;
this limitation is the reason that we do not have a permanent
congressional oligarchy. Indeed, the Congressmen coud even
make their seats hereditable for their sons, if thay had only
to declare that an act was in the "general welfare" in order
to render it legitimate. In other words, if u read those words
to the effect that u encourage, Thomas, thay 'd be a grant
of
unlimited power, including the power
to end democracy, end elections, if such be
declared
to be done in the "general welfare."
Thomas wrote:May I suggest a bargain here? You accept that Obamacare is constitutional,
I accept that Congress's subpoena power is, at least in principle, constitutional. Do we have a deal?
No deal.