Posted on 05/11/2004 1:11:05 PM PDT by sheltonmac
--Boot Hill
Protagoras: I will not tolerate any personal abuse from you like I've seen here. Not on a thread and definitely not in a private reply. DO NOT EVER freepmail me with that kind of adolescent crap again. Knock it off. NOW.
--Boot Hill
I do notice that my response to the persistent Protagoras has been removed. I must have hurt his feelings.
Yes, I noticed that, too. But I also noticed that his derogatory posts, that may have prompted your response, still stand.
--Boot Hill
I really don't mind. His posts and attitude pretty much speak for themselves...my comments weren't necessary to point that out.
You're confused. The Constitutional authority for the Fair Housing Act (and the Civil Rights Act) is primarily the Commerce Clause. Don't know why you're talking about some need to repeal the 14th.
Here's a couple that sound like what you're looking for:
A.L.A. Schechter Poultry Corp. v. US (1935)
Carter v. Carter Coal Co. (1936)
Please post the freepmail so others can evaluate whether or not it is an outrageous attack.
I have not posted to this thread because I was asked to take it to the Smokey backroom by another poster. I have respected that. Others here, including you, have not.
In respect for others, if you have anything further to say on the subject, please contact me via freepmail. Thank you.
I agree with the court. Unlike a prior case, Local 167 v. United States, 291 U.S. 293 (1934), there was no connection, direct or indirect, between the intrastate activities and interstate commerce. But when there was a connection (as in Local 167), the court ruled that intrastate activities had a substantial effect on interstate commerce.
Re: Carter v. Carter Coal Co. (1936)
Well, we have the Poultry case on the receiving end of commerce, and the Carter case at the beginning. I can see why you included both.
But as with the Poultry case, I again have to agree with the court. There was no connection, direct or indirect, of "struggles between employer and employees" and interstate commerce.
Now, both cases do bring up the "direct/indirect" argument. In Poultry, the court stated, "The precise line (between direct and indirect effects) can be drawn only as individual cases arise, but the distinction is clear in principle." And I agree.
For example, I concur with both recent decisions, Lopez and VAWA precisely for that reason.
How about abortion or the Texas sodomy case? The Ten Commandments case? Saying "God" at a commencement ceremony? A Nativity scene at City Hall?
I believe repeal of the 14th should take care of those issues, and hundreds more, and return them to the states.
Sorry to see the thread moved. You tried. Better luck with the next one.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.