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To: OneWingedShark

The 9th amendment does not say that Congress has no authority to criminalize or control behavior that Congress decides is injurious. Section 8 begins with general welfare and ends with necessary and proper. The Constitution talks of fines, juries, punishments, so all of those things are within the purview of Congress but are controlled.


89 posted on 06/20/2014 3:13:24 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins
The 9th amendment does not say that Congress has no authority to criminalize or control behavior that Congress decides is injurious. Section 8 begins with general welfare and ends with necessary and proper. The Constitution talks of fines, juries, punishments, so all of those things are within the purview of Congress but are controlled.

The necessary and proper clause, combined with the expanded commerce clause, has rendered enumeration of powers to null effect; either the amendments further constrain the powers delegated by the unamended Constitution or they do not — if they do not, then the preamble for the Bill of Rights is nonsensical in the extreme and the Constitution's own sections regarding amendment are irrelevant. If, however, they are then it occurs to me that they apply to everything before the amendment: therefore the general taxation powers or interstate-commerce powers are constrained by the second amendment, just as the ninth and tenth would constrain the necessary and proper clause.

97 posted on 06/20/2014 4:23:04 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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