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To: MamaTexan

Mama, you said that "The 'jurisdiction' of the United States government is given in the Constitution in Article 1, section 8, paragraph 17."

There are actually three jurisdictional areas - territorial, person and subject matter. The United States has the exclusive legislative jurisdiction to exercise the police powers of regulation in federal enclaves, such as above.

Congress also has subject matter jurisdiction to legislate on matters enumerated in the Constitution such as Interstate Commerce. This is not considered restrained to federal enclaves. Any State or local law in conflict with federal law passed under an enumerated authority is subordinate to that federal law. Local law will be read to be in harmony with federal law, unless that is not possible or if it is determined that federal law has occupied the field so as to quash local law.

Congress has also extended its reach by making receipt of federal funds by the State for roads, welfare, education etc. conditional upon the States accepting their agendas and incorporating certain provisions into State programs.


51 posted on 08/21/2005 12:00:48 PM PDT by marsh2
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To: marsh2
Congress also has subject matter jurisdiction to legislate on matters enumerated in the Constitution such as Interstate Commerce. This is not considered restrained to federal enclaves

Your statement is correct..however-

Part of the misinterpretation of the commerce clause is that the 'commerce between the States' is JUST THAT.

The political entities known as 'states'...NOT the physical geographical location.

Like if the State of Texas purchased pineapples from the State of Hawaii, the federal government would have the enumerated authority to see that the purchase met weight/size/measurement requirements so no State was cheated.

It has nothing to do with the political, imaginary borders between the States!

Congress has also extended its reach by making receipt of federal funds by the State for roads, welfare, education etc. conditional upon the States accepting their agendas and incorporating certain provisions into State programs.

And political blackmail is STILL blackmail. The States are so subservient to the federal government now, they will NEVER sue the federal government for breach of contract like they should!

54 posted on 08/21/2005 1:00:50 PM PDT by MamaTexan ( I am not a *legal entity*, nor am I a ~person~ as created by law.)
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