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

To: cableguymn

Under SCOTUS Commerce Clause jurisprudence going back to the thirties, if you fart in Colorado the Fed can regulate what you eat and mandate anti-flatulence meds on the theory that the sweet smell of your gas could drift over into Kansas, requiring some farmer to pause in his combining to roll up the windows. This could impact how much corn he harvests that day and thus prices on the corn market.

Basically, the enumerated powers provision of our Constitution, and the ninth and tenth amendment’s in the Bill of Rights, have been interpreted out of existence. And even if perchance some errant federal judge were to rule that your farting in Colorado had insufficient effect on interstate commerce to survive a tenth amendment challenge, Congress now knows that according to Chief Justice Robert’s preposterous pretzel-twisting logic, all it has to do to have any legislation whatsoever survive constitutional challenge is impose a penalty on the behavior it disfavors and call the penalty a tax - although Roberts would undoubtedly be willing to rewrite the law to make the penalty a tax, as he did with ObamaCare.

Face it. Under SCOTUS jurisprudence, the federal government can do anything it damn well pleases. You might as well throw away your copy of the Constitution. It’s a meaningless document today, and has been since the 1930’s.


14 posted on 11/03/2013 11:37:13 AM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man.)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Spartan79

“feds”, not “Fed”. Autocorrect got me again.


15 posted on 11/03/2013 11:39:31 AM PST by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man.)
[ Post Reply | Private Reply | To 14 | 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