Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ArrogantBustard
Why pretend that the interstate commerce clause authorizes controlling "substances"?

I'm not pretending. That's the law.

Why not simply recognize that neither the Congress, nor the courts, nor the executive are granted any such authority?

Because they have the authority. Article 3 gives the SCOTUS the power to interpret the law. And that's that.

Why not simply recognize that they have baldly seized the power to do it, and nobody is in any position to say them "nay"?

Actually, the people could pass an amendment saying NAY anytime they want. But most people like it the way it is.

You're quoting the anti-federalists, who more or less predicted that outcome. Why not say "they were right"?

I say it all the time. But see, they didn't predict that the Constitution would be violated. They predicted that the Constitution ALLOWED such expanding power. They saw that implied powers, combined with an unaccountable supreme judiciary, was certain to lead to ever-expanding power.

In short, the antifederalists argued that the Constitution was a horribly flawed document that should have been rejected on the grounds that it granted virtually unbounded power to the national government. I agree.

55 posted on 07/27/2011 2:28:51 PM PDT by Huck
[ Post Reply | Private Reply | To 54 | View Replies ]


To: Huck
Why pretend that the interstate commerce clause authorizes controlling "substances"? I'm not pretending. That's the law.

No, it's the whimsical, arbitrary, unaccountable ruling of the SCOTUS. That doesn't mean goons with MP-5s won't enforce that. It just means that when they do, they're enforcing the edicts of tyrants.

Article 3 gives the SCOTUS the power to interpret the law.

So says the SCOTUS. How ... convenient.

Actually, the people could pass an amendment saying NAY anytime they want.

ROFL!!!!

I say it all the time.

Good. Keep it up.

But see, they didn't predict that the Constitution would be violated.

If so, then they were wrong. It's violated routinely. Drug laws are a prime example.

They predicted that the Constitution ALLOWED such expanding power.

That's the least of its flaws.

the antifederalists argued that the Constitution was a horribly flawed document that should have been rejected on the grounds that it granted virtually unbounded power to the national government.

I don't agree. The Constitution does not grant such powers. It's worse than that. The Constitution offers absolutely no way to prevent the national government seizing powers it was not granted.

56 posted on 07/27/2011 2:41:11 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
[ Post Reply | Private Reply | To 55 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson