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The Forum > General Discussion > A brave new world

A brave new world

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As a CONSTITUTIONALIST I have been writing with Malcolm Turnbull for many years now and found that he is failing to deal with reality. Basically too stubborn and had to go. As I wrote to him and Kevin Rudd and others where is the constitutional powers for the Commonwealth to legislate for an ETS? Surely this should be the first point of order? The Commonwealth can legislate as to taxes but not as to environment as that is a state legislative power. Malcolm remained ignorant to this and had to go. Simple as that. The ETS is not a tax for sake of obtaining revenue but is to seek to achieve something it has ordinary no constitutional powers for and as such unconstitutional! The RULE OF LAW must prevail and no issue, not even climate change can be deemed to be more important then the integrity of the constitution!
Posted by Mr Gerrit H Schorel-Hlavka, Tuesday, 8 December 2009 9:39:14 PM
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Thats fair.
What your saying is that the ETS is essiantally a state issue,and if thats the case i do not think it will be implemented in a short time.
Posted by oscar the grouch, Wednesday, 9 December 2009 6:22:45 PM
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Mr. Gerrit,
I certainly am not questioning what you say, but I do have a question.

Would not the Government have access to persons with intimate knowledge of our constitution and if so I wonder why they have not advised the government of what you are saying.

If the government has been advised as you say, then they must see it as a tax, to raise revenue, or surely they would not pursue something they have no power to impliment

In light of what you say, I find the whole episode of the ETS very perplexing.
Posted by Banjo, Thursday, 10 December 2009 7:00:18 PM
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