Skip to comments.The Commerce Clause, The Federal Judiciary, and Tyranny (or How Scalia Helped Screw America)
Posted on 10/16/2009 8:29:12 AM PDT by Huck
click here to read article
In 1895, Congress, acting under the Commerce Clause for the first time, extended the ban to all interstate commerce with the passage of Federal Anti-Lottery Act.
The Act was intended to: [S]upplement the provisions of prior acts excluding lottery tickets from the mails and prohibiting the importation of lottery matter from abroad, and to prohibit the causing [of] lottery tickets to be carried, and lottery tickets and lottery advertisements to be transferred, from one State to another by any means or method.
Rockingham, be aware that tacticalogic is notorious for inventing his "facts."
I believe it is, but I'm willing to look at any evidence you have to the contrary, but I'm not chaning my mind until you produce some.
As far as it being a "culmination", it is indeed. But it is a "culimination" of a process of piling error upon error.
The judgment of the court of appeals was entered on
December 16, 2003. A petition for rehearing was
denied on February 25, 2004 (App. 70a-71a). The jurisdiction
of this Court is invoked under 28 U.S.C. 1254(1).
He wasn't prevented. Read the case.
The law prohibited the use of interstate carriers to transport those tickets.
[S]upplement the provisions of prior acts excluding lottery tickets from the mails and prohibiting the importation of lottery matter from abroad, and to prohibit the causing [of] lottery tickets to be carried, and lottery tickets and lottery advertisements to be transferred, from one State to another by any means or method.
Really? What emanation of a penumbra do you find "registered common carriers" in?
You don't need "emanations and penumbras". You just need to read the entire decision in context, and not fall for being conned into believing it says something it doesn't by someone peddling cherry picked excerpts.
Get a hold of yourself. You're hysterical. You need a hanky? My point is the bolded sections.
Where is your proposition for its replacement?
Well let's see, the Founders published the Declaration of Independence in 1776, and didn't write the Constitution until 1787, so I gues that gives me 11 years to work on it. Should they have had a finished Constitution ready to go before criticizing their government?
If you believe there is a better way, post it.
I definitely believe there is a better way. As soon as I discover it, I'll let you know, sweetie.
It's a far easier task to sit comfortably at home in the peace granted to you by the Constitution and criticize the precious work of men who willingly lost credibility, family, fortune and their very LIVES for what they created, when they are no longer around to defend it and answer your charges,
Baloney. It's much easier to do what you do. Proclaim yourself unworthy to determine your own destiny. Scream STOP and cover your ears rather than subject your most dearly held beliefs to scrutiny. Assume whatever we have right now is the best we'll ever have and therefore do NOTHING to improve it.
Don't you worry about the Founders. They did pretty darn well for their time, and won't suffer from my criticisms. They understood that whatever they got right or wrong would be judged by posterity, and I'm sure they hoped it would be judged. You think they thought they had arrived at the perfect solution? You think they thought themselves the infallible crowning achievement of man? Uh....no.
than it is to build your own work and open it up to scrutiny.
I would say publishing my thoughts here opens it up to scrutiny. And in some cases, the scrutiny is well-reasoned and substantive. In other cases, like yours, it's just weepy emotionalism that would have made the founders cringe.
You aren't WORTHY to criticize the Constitution!
You basically consider the Constitution a holy writ, equal to the Bible itself. You are plain wrong. Now go get a tissue and blow your nose.
That darn Thomas Jefferson and the Embargo Act of 1807!
You're really blowing smoke today. BTW, the 1895 Federal Anti-Lottery Act was a law, not an "entire decision."
The Embargo Act regulated commerce with foreign nations, not among the states. It had nothing to do with INTERSTATE commerce.
Actually it's the federal government that has some powers reserved to it.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.The federal government only gets those powers delegated by the Constitution. Remember, who's doing the delegating -- the states delegated (gave up for themselves) certain powers to the federal government, and they kept all others.
No system could survive in which one state could permit and enable what the federal government and other states categorically prohibit.
Why not? Nevada is doing just fine with prostitution legalized. California allowing pot has only hurt the pride of a powerful federal government, nothing else outside the state. Your example supposes a state would actually allow weaponized anthrax spores, etc. That's getting a bit into the crazy. It's like the anti-gunners saying "But you wouldn't want everyone to be allowed to have nuclear weapons, would you?"
"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"The Constitution doesn't make your invented distinction.
When you work for the federal bureaucracy you have a vested interest in keeping people from ever questioning the legitimacy of the authority Congress tries to give it.
You're not the first homeless drug addict with access to a library computer that I've dismantled in debate.
Those two earlier courts heard complaints for injunctive and declaratory relief. They didn’t decide on the case. Only on the “liklihood” that they would win their case. The case was decided in one court-—The Supreme Court.
Really? Then under your interpretation of the Constitution, Congress can prohibit wheat farmers in ANY country from growing wheat. I think I already said I was done with you. I believe you just like to waste people’s time. And that is time I’ll never get back. May the Lord grant me the strength and wisdom to ignore you.
The District Court judgment denied Raich's request for injunction. The Ninth Circuit Court of Appeals reversed the District Court judgment. The Supreme Court heard the appeal.
What a strange dance you're doing.
Of course, the powers delegated to the federal government were interpreted so expansively as overwhelm the balance originally intended between state and federal power. This is not simply a matter of judicial decisions but also of events and the desires of the American people.