Posted on 05/17/2010 7:46:23 AM PDT by freedomwarrior998
very interesting verdict...
a dictatorship of either the Right or Left.
Don’t rule out cult of personality
WE, THE PRESIDENT OF THE UNITED STATES, TO HEREBY COMMAND ALL ABLE CITIZENS TO APPREHEND REPUBLICANS, AND TO DO THEM HARM, SET THEREUNTO UNDER OUR HAND THIS DAY THE SEVENTEENTH DAY OF THE MONTH OF MAIA IN THE YEAR OF THE COMMON ERA TWO THOUSAND TEN.
What next? The President being able to order the assassination of an American citizen? /sarc
The frog is boiled.
The realistic conclusion to this mental exercise is WAR.
This thread says SCOTUS struck down a 4th Circuit decision that the federal government exceeded its authority since it exercised an unenumerated power. SCOTUS then says that the Feds have the power under the Necessary and Proper Clause....yet this article never mentions what enumerated power SCOTUS said that this is necessary and proper for executing. Does anyone know? Where do the feds get the jurisdiction to regulate sexual predators? The Commerce Clause?
I’ll volunteer to be one of the first Browncoats.
I’ll join you. (Nice Firefly reference. The theme song has been bouncing around my head quite a bit these days.)
“Where do the feds get the jurisdiction to regulate sexual predators?”
According to the decision they have jurisdiction over federal prisoners, and so can civilly commit them. Apparently this has been law since 1949 in the case of mental illness.
Here are the opinions:
http://www.law.cornell.edu/supct/html/08-1224.ZO.html
http://www.law.cornell.edu/supct/html/08-1224.ZC.html
http://www.law.cornell.edu/supct/html/08-1224.ZC1.html
http://www.law.cornell.edu/supct/html/08-1224.ZD.html
Breyer, Kennedy, Alito, and Thomas in that order.
Because Congress was never granted authority over ANY crime not on military property except treason, piracy and counterfeiting. All else is a usurpation of States’ authority. ALL else.
They always use those emotionaly charged issues to pass for being smarter and for tyranny.
SCOTUS should not pass laws unless it sends rulings to Congress for review of the law in the cases whose interpretations it decides.
But that is a detail, now that the government culture accross all branches is decidedly arrogant and corrupt...
Good analysis. IMHO, the Pax will end up being Christ’s, following China & Russia’s next move.
“Necessary and Proper” and “General Welfare” were not meant to be “powers” at all. These were limits on the enumerated powers. Roberts is “evolving”.
I think one of the firt things a new Congress should do is to blunt the power of the federal judiciary through legislation that provides for an undoing of these acts, such as Comstock.
1) The court’s decision on Comstock essentially creates a legal framework by which the federal government can hold anyone indefinitely, without trial or appeal, if the government merely has the opinion that person is “dangerous.”
2) I disagree. The court only held that the enumerated powers claim doesn’t strike down this law. It specifically said the court would have to decide due process issues on remand. Indefinite detention without trial or appeal is prevented in our Constitution by the due process requirement and the habeas corpus clause. The court didn’t address either of these issues, and only held that the question of enumerated powers didn’t apply.
Amazon has it for purchase, it's on my mp3 player. Makes me happy when it comes up in the rotation. :-)
With the non-prosecution of the armed New Black Panther polling place watchers in Philly, the second contention is debatable.
So unless I am misreading this, essentially, anyone the Congress declares a threat to the safety and well-being of the public can be incarcerated indefinitely.
Yep. Scary isn't the word for this - SCOTUS just crumpled up the entire Constitution and flung it into the fire.
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