Has Congress Created 'Federal Police Power'?

Fox News ^ | Saturday, January 01, 2005 | Kelley Beaucar Vlahos

[cougar_mccxxi]

WASHINGTON — Every American is just a few steps away from committing a crime.

That point is raised in new publications that seek to cast a critical eye on lawmakers for their aggressive approach to going after supposed wrongdoing.

"I think we should be alarmed on a number of different levels," said Bob Barr, a former Republican member of Congress from Georgia who also used to be a U.S district attorney. "We’re changing the very nature of society — the over-criminalization of society."

[goldstategop]

Let's look at this way: like Martha Stewart, I will get a warm bed, three meals a day, and daily exercise. And I don't have to worry about a roof over my head. Isn't the welfare state wonderful?

[rawhide]

I agree!

[Socratic]

Is Atlas beginning to feel a little itch between the shoulder blades?

[libertyman]

I strongly agree w/ his "over-criminalization" remark, but considering the fact that Barr was one of the worst Drug Warriors in the history of Congress, I don't understand why he's complaining. He should be thrilled by opening the bottle & letting the genie out.

[joesnuffy]

Too bad the 'freddies' arent as zealously 'zero tolerant' of illegal aliens as they are 'the sheep' eating on subways or leaving marshmallows at Jellystone Park.....

[JCISLORD]

Thank you for recognizing the problem of illegal immigrants being a security problem. Illegal immigrants are also costing the American people billions of dollars for health care and social services. Our health care system is crumbling because, everyone who walks, flies or swims across our border is given health and welfare services. If the government does not stop the influx of immigrants, our social service departments will go bankrupt, and we will have to absorb the losses.

[tacticalogic]

"I write separately only to express my view that the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce."

-Justice Clarence Thomas

[Eastbound]

"By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce.""

Ahem. Justice Thomas, the Tenth Amendment was not included in the Constitution just for window dressing. Nor was the Ninth, and Article VI, para 2. By allowing the mis-application of the 'commerce clause, you have destroyed at least two other amendments as well as a critical Article.

And by allowing the mis-application of the supremacy clause, you have literally destroyed the Constitution itself.

Congress can pass no laws which are not in pursuance (in harmony, agreement with) to the Constitution/Bill of Rights. Any time congress passes a law which infringes on rights or is contrary to the Constitution, it assumes powers not delegated to it.

You want a police state? You got one. But at what cost?

[tacticalogic]

You want a police state? You got one. But at what cost?

In the upcoming Ashcroft v Raisch case, the Justice Department's lawyers are arguing that there can be no "as applied challenge" to Commerce Clause legislation. IOW, George Bush's Justice Department says there is no such thing as a misapplication of the Commerce Clause.

[IronJack]

I've often maintained that with the labyrinth of laws and regulations today, you can't help but commit a dozen crimes before you have your morning coffee.

[Eastbound]

"IOW, George Bush's Justice Department says there is no such thing as a misapplication of the Commerce Clause."

Oh well. I can still buy a loaf of day-old bread for less than a dollar. Can I say that without fear I'll be tagged for hate speech? ;

[tacticalogic]

I can still buy a loaf of day-old bread for less than a dollar.

You can probably find a circus, or it's modern-day equivalent, readily available too.

[Eastbound]

Good one. :>

[zeugma]

But Gene Voegtlin, legislative counsel for the International Chiefs of Police (search), said that even the seemingly smallest prosecutions have their place.

Spoken like a true member of the national police state.

I wouldn't have quite the objection to some of this if this "justice" were evenly applied. For instance, in incidents that have happened all over the country, police ninja wannabes have barged into residences in the middle of the night using these "no knock" warrants and killed homeowners who attempt to defend themselves from what appears to them to be armed, masked bandits, only to find out later that the police had raided the wrong house. When the officers involved are consistantly prosecuted and thrown in jail for long terms, I'll think about letting them try to justify their behavior as an occupying army. Until them they are merely jackboots with an unlimited license to kill the peasantry.

[btcusn]

I've often maintained that with the labyrinth of laws and regulations today, you can't help but commit a dozen crimes before you have your morning coffee.


You are 100% right, and when the laws are selectively enforced we are all in danger. As far as I'm concerned, EVERY law passed in the last 100 years needs to reexamined to see if they are really constitutional, and any new law being considered should list the article of the constitution that allows it listen in the bill.
Jack

[First_Salute]

Bump.

[snopercod]

Well, we had a thread on people being charged with "federal animal abuse" a couple of days ago...

[Apogee]

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