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To: flyfree
Like it or not, it passes constitutional muster.

No, it doesn't.

Congress has the authority to legislate within its areas of enumerated jurisdiction only... at least according to Madison:

it was constantly justified and recommended on the ground that the powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the 12th amendment, now a part of the Constitution, which expressly declares, "that 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."
James Madison, Report on the Virginia Resolutions

BTW, the People have no legal standing to sue the federal government, as it is the States that are the parties to the Constitutional compact.

10 posted on 10/05/2008 6:20:36 PM PDT by MamaTexan (* I am not an administrative, political, legal, corporate or collective entity *)
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To: MamaTexan; neverdem
Well said. Maybe Texas can sue the Feds. (Again like I think that's gonna happen, but we did have some people here oppose that bill.)

(ping to neverdem also for a slightly-medical article)

11 posted on 10/05/2008 6:31:11 PM PDT by Weirdad (A Free Republic, not a "democracy" (mob rule))
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