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

To: marktwain
Congress must find some authority among the Constitution’s “enumerated powers” for every action it takes.

In theory only. Somehow, we the people need to restore this theory to practice.

18 posted on 12/03/2010 8:09:47 AM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: MrB
In theory only. Somehow, we the people need to restore this theory to practice.

Get some judges who will inform juries that for a conviction they must find that the particular act of the defendant materially interfered with a legitimate exercise of a specific enumerated federal power. Congress may have the authority, via the elastic clause, to restrict actions which interfere with its ability to regulate interstate commerce, but only a jury armed with the particular facts of a case can know whether the particular action did in fact interfere with Congress' authority.

47 posted on 12/03/2010 8:20:45 PM PST by supercat (Barry Soetoro == Bravo Sierra)
[ Post Reply | Private Reply | To 18 | 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