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Is Amtrak Unconstitutional? Locked

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Is Amtrak Unconstitutional?
Posted by ontheBNSF on Wednesday, April 17, 2013 2:14 PM

The constitution grants the federal government the power to build post offices and post roads

Article 1 Section 8 

"To establish Post Offices and Post Roads"

Amtrak doesn't seem to move postage so it seems to fail this clause. It also seems to fail the general welfare clause being as the majority of the public doesn't use it. Amtrak doesn't seem to have any defense value except maybe the evacuation of cities. Can anyone give insight on this?

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Posted by NittanyLion on Wednesday, April 17, 2013 2:42 PM

None of that matters.

Its constitutional under Article 1, Section 8, Clause 3.

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Posted by schlimm on Wednesday, April 17, 2013 2:48 PM

Here we go again!!

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Posted by henry6 on Wednesday, April 17, 2013 2:58 PM

The Post Office (not Postal Service), Post Roads, and the ability to regulate or oversee interstate commerce.  And Congress has the ability to wage war.  The last two are what guides them the most.   The Eisenhower Interstate Highway System was built on the latter while the US highways were built on the former plus the Post roads.  Interstate commerce concerns money...so Amtrak is legal depending how the legislation is worded and cast.  It wouldn't have gotten to Bowie, MD  if it weren't legal or Constitutional.

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Posted by ontheBNSF on Wednesday, April 17, 2013 3:03 PM

I thought the interstate commerce clause only gave the power to regulate and normalize interstate commerce not engage in it.

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Posted by NKP guy on Wednesday, April 17, 2013 3:05 PM

Of course Amtrak in constitutional.  Please see for reference McCulloch v Maryland (1819).  Chief Justice John Marshall, ruling on the constitutionality of the Bank of the United States, a question not dissimilar to this one, wrote, "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional."

I hope this answers this silly question.  And yes, the Federal Reserve, Social Security, TVA, Medicare, and the Food and Drug Administration, and Amtrak, are constitutional.  

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Posted by John WR on Wednesday, April 17, 2013 4:05 PM

Of course to really decide the question someone would have to file a lawsuit in Federal Court alleging Amtrak is unconstitutional.  So far no one has.  

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Posted by BaltACD on Wednesday, April 17, 2013 4:09 PM

Time for more tin foil.

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Posted by jeffrey-wimberly on Wednesday, April 17, 2013 4:17 PM

Amtrak is legal under the constitution. Nuff said. I see no reason to let this continue and become a full fledged argument.

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