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To: 2ndDivisionVet

[that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.]

This concerns me. The USSC should not be in the business of expanding the power of the federal gov’t. The Constitution grants the powers that it grants and any additional power requires a constitutional amendment!


11 posted on 01/31/2011 12:47:47 PM PST by KansasGirl (Note to self: proofread BEFORE pushing Post.)
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To: KansasGirl
"This concerns me. The USSC should not be in the business of expanding the power of the federal gov’t. "

Right. He's just talking about his limitations as a District Court judge. He's saying, indirectly, that he can't make law, nor ignore binding precedent, and in the matter of the Commerce Clause, precedent is already long-established.

This is the only conclusion that ANY Federal District Judge should come to. But, we've already seen one judge in a similar case expand the previous limitations of the Commerce Clause. That's the real problem.

33 posted on 01/31/2011 1:28:16 PM PST by OldDeckHand
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