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To: ConservingFreedom
"No, I say it is manifestly not "nonsensical" to call unconstitutional that which the Supremes have ruled constitutional, as you claim it is."

Then we differ. Once the U.S. Supreme Court rules constitutional, it's constitutional. By definition.

Now you may disagree with the ruling, but that changes nothing.

"No, the point is that illegal interstate sales occur now, so are irrelevant to the issue of legalizing intrastate sales."

Illegal interstate sales occurring now can be prosecuted. Your proposal would make those prosecutions impossible for the reasons I mentioned.

"How are carriers relevant to the matter at hand/"

They're not. But the court ruling is.

"I'm saying that neither enumerated power implies a power to ban alcohol within states."

Well, if Congress has the power to ban alcohol with the Indian tribes, they can certainly ban alcohol among the several states since both are mentioned in the Commerce Clause.

68 posted on 12/26/2014 10:06:08 AM PST by offwhite
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To: offwhite
No, I say it is manifestly not "nonsensical" to call unconstitutional that which the Supremes have ruled constitutional, as you claim it is.

Then we differ. Once the U.S. Supreme Court rules constitutional, it's constitutional. By definition.

Wrong - the definition of "constitutional" is "provided by, in accordance with, or not prohibited by, a constitution" - http://dictionary.reference.com/browse/constitutional

And FR usage conforms with the dictionary definition: many FReepers agree that Roe v Wade and Obamacare are unconstitutional, U.S. Supreme Court rulings to the contrary notwithstanding.

Now you may disagree with the ruling,

On what basis, if not lack of conformity with the constitution? If one disagrees with a ruling because one considers it bad policy, one has misunderstood the proper role of the judiciary, which is not to make policy.

but that changes nothing.

Noting lack of conformity with the constitution is not sufficient to change anything, but without such noting where is the motivation or argument to change anything?

No, the point is that illegal interstate sales occur now, so are irrelevant to the issue of legalizing intrastate sales.

Illegal interstate sales occurring now can be prosecuted. Your proposal would make those prosecutions impossible for the reasons I mentioned.

Not impossible, as I showed.

How are carriers relevant to the matter at hand?

They're not. But the court ruling is.

False. The ruling was specific to carriers - the text you quoted showed as much.

I'm saying that neither enumerated power implies a power to ban alcohol within states.

Well, if Congress has the power to ban alcohol with the Indian tribes, they can certainly ban alcohol among the several states since both are mentioned in the Commerce Clause.

But they have no power to ban alcohol within states, since that is notably excluded from the Commerce Clause.

69 posted on 12/26/2014 6:15:58 PM PST by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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