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3
markolbb 3 points ago +3 / -0

If you had to put a date on it, when did it become "post-constitutional"? Just curious because I wonder about this a lot.

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Marshall2 6 points ago +6 / -0

About 4AM the day after election day.

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Baldursgade 3 points ago +3 / -0

Having income tax, directly against the Constitution, probably a good milestone. So sometime before that.

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sickofaltspin 3 points ago +3 / -0

I would argue when States lost their representation through direct election of Senators.

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Marshall2 2 points ago +2 / -0

Historically, I choose Marbury vs Madison when the SCOTUS told everyone THEY were the FINAL say in what is Constitutional and what is not. Every other power had checks and balances.

Then they doubled down by preventing Soverein States from seceding, even thou the Constitution is silent on the issue. The Tenth Amendment clearly said that powers not enumerated or prohibited were reserved to the States or to the PEOPLE.

Then they instituted the Income Tax as a TEMPORARY measure to pay for the illegal war against the Southern States. At least they did do it Constitutionally, if you say that stripping Southern men of their right to vote so carpetbaggers were the only voters that counted is OK.